Sullivan v. Minneapolis & Rainy River Railway Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to recover $5,366.58, excess charges made by defendant carrier against plaintiff over and above the amount charged the Itasca Lumber Company for similar shipments between the same points. Defendant demurred on the grounds (1) that the court had no jurisdiction of the subject matter of the action and (2) that the complaint did not state facts sufficient to constitute a cause of action against defendant.
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Action in the district court for Itasca county to recover $5,366.58, excess charges made by defendant carrier against plaintiff over and above the amount charged the Itasca Lumber Company for similar shipments between the same points. Defendant demurred on the grounds (1) that the court had no jurisdiction of the subject matter of the action and (2) that the complaint did not state facts sufficient to constitute a cause of action against defendant. The demurrer was sustained, Stanton, J. From the order sustaining the demurrer, plaintiffs appealed.
1Opinion of the CourtPhilip E. Brown, J.
Appeal by the plaintiff from an order sustaining a demurrer to the complaint. Two causes of action are attempted to be stated therein, the first of which is, in substance, that the defendant, a Minnesota corporation, is and was, at all times referred to, engaged as a common carrier in operating a railway extending north from a certain station known as Mississippi River, in Itasca county; that, during the times stated, the plaintiffs and an Illinois corporation, known as the Itasca Lumber Company, were logging in certain territory served by the defendant as a common carrier, the plaintiffs and…
2Cases cited29 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Chicago & Alton Railroad v. People ex rel. KoernerIllinois Supreme Court · 1873
- Bott v. PrattSupreme Court of Minnesota · 1885
- Vincent v. Chicago & Alton RailroadIllinois Supreme Court · 1868
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Miller v. MonsenSupreme Court of Minnesota · 1949
- St. Paul Book & Stationery Co. v. St. Paul Gaslight Co.Supreme Court of Minnesota · 1915
- Belcher v. Tacoma Eastern RailroadWashington Supreme Court · 1917
- Texas Power & Light Co. v. Hilltop Baking Co.Court of Appeals of Texas · 1935
- Hewitt Logging Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1917
18 more not listed; retrieve them via the Exa API.