Farmen v. United State Express Co.
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by Marie Farmen against the United States Express Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The burden of proof is upon the consignor to' prove the contract and the delivery of goods; then upon the carrier to show their loss and the manner of loss. The burden then shifts to the consignor to establish that the loss was due to negligence.
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Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Action by Marie Farmen against the United States Express Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The burden of proof is upon the consignor to' prove the contract and the delivery of goods; then upon the carrier to show their loss and the manner of loss. The burden then shifts to the consignor to establish that the loss was due to negligence. Lancaster Mills v. Merchants Co., 98 Tenn. 1; Louisville Railway Co. v. Manchester Mills, 88 Tenn. 653; Schouler on Bailments, section…
1Opinion of the CourtSmith, J.
This is an appeal from the circuit court of Day county from a judgment in favor of respondent and an order overruling appellant’s motion for a new trial.
*97Plaintiff delivered to, the Great Northern Express Company,, at Mayville, N. D., for transportation, a package consigned to herself at Webster, S. D. This package was delivered by the Great Northern Express Company at St. Paul, Minn., to the defendant company, a connecting carrier, to be .transported over its lines to Webster, and such package arrived at its destination on the morning of April 19, 1907. At 7:30 p. m. of the same day defendant…
2Cases cited5 opinions
- Wilson v. California Central RailroadCalifornia Supreme Court · 1892
- Sulpho-Saline Bath Co. v. AllenNebraska Supreme Court · 1902
- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
- Sundling v. WilleySouth Dakota Supreme Court · 1905
3Cited by5 opinions
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- Oregon Short Line Railroad v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1925
- J. R. Watkins Medical Co. v. MillerSouth Dakota Supreme Court · 1918
- Rice v. BennettSouth Dakota Supreme Court · 1912
- Hosmer State Bank v. First State BankSouth Dakota Supreme Court · 1925