Legal Opinion

Alair v. Northern Pacific Railroad

Supreme Court of Minnesota

Decided April 27, 1893PublishedCited by 30 opinions

Appeal by defendant, Northern Pacific Eailroad Company, from an order of the District Court of Eamsey County, J. J. Egan, J.* made November 7, 1892, sustaining a demurrer to its answer. The plaintiff, Walter E. Alair, on April 4, 1S91, delivered to defendant at Minnesota Transfer in St. Paul, eighteen horses to be transported to Seattle, Washington.

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Appeal by defendant, Northern Pacific Eailroad Company, from an order of the District Court of Eamsey County, J. J. Egan, J.* made November 7, 1892, sustaining a demurrer to its answer. The plaintiff, Walter E. Alair, on April 4, 1S91, delivered to defendant at Minnesota Transfer in St. Paul, eighteen horses to be transported to Seattle, Washington. The plaintiff at the same time entered into a contract with the company in which it was agreed that the value of each horse did not exceed $100; such valuation being that whereon the rate of compensation to the company for its services and risk…

1Opinion of the CourtMitchell, J.

The complaint alleges the delivery by plaintiff to defendant, a common carrier, of eighteen horses for transportation; *163that seven of the horses, of the value of #2,100, were, while in transit, killed through the negligence of the defendant. Judgment is asked for #2,100.

The answer admits the delivery and receipt of the horses for transportation, their value, and their loss through its negligence, as stated in the complaint, but alleges that the property was delivered and received upon a special written contract, executed by both parties,' containing the terms and conditions on which the…

2Cases cited16 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
  4. Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
  5. South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875

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3Cited by30 opinions

  1. Bernard v. Adams Express Co.Massachusetts Supreme Judicial Court · 1910
  2. Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
  3. Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
  4. Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
  5. Central of Georgia Railway Co. v. Murphey & HuntSupreme Court of Georgia · 1901

25 more not listed; retrieve them via the Exa API.

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