Legal Opinion

Fort v. Denver & Rio Grande Railroad

Supreme Court of Colorado

Decided January 10, 1921No. 9557PublishedCited by 6 opinions

Action against carrier for damage resulting from freezing of potatoes in transit. Motion of defendant for judgment on the pleadings, sustained. Error to the District Court of the City and County of Denver, Hon. John A. Perry, Judge.

1Opinion of the CourtJustice Scott

This action is by the plaintiff in error to recover damages from the defendant in error by reason of alleged negligence in permitting portions of several carloads of potatoes to freeze while in transit.

The complaint alleged the shipment of five carloads of potatoes from within the state of Colorado to points beyond the state delivered to the defendant as the initial carrier and to be transported over connecting lines. The claim for damages to each carload is made a separate, cause of action. Four of these counts only are involved here and for the purposes of this review may be considered as…

2Cases cited11 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  3. Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
  4. Southern Railway Co. v. ReidSupreme Court of the United States · 1912
  5. Great Northern Railway Co. v. O'ConnorSupreme Court of the United States · 1914

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3Cited by6 opinions

  1. Johnson Motor Transport v. United StatesUnited States Court of Claims · 1957
  2. Dye Produce Co. v. DavisSupreme Court of Iowa · 1925
  3. Martin v. E. A. McCabe & Co.District Court of Appeal of Florida · 1959
  4. Watson Bros. Transportation Co. v. DomenicoSupreme Court of Colorado · 1948
  5. Close v. Missouri Pac. R. Co.Louisiana Court of Appeal · 1939

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