Pennsylvania R. v. Anoka Nat. Bank
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. On the 22d day of August, 1898, S. H. Hall & Go. delivered to the Minneapolis, St. Paul & Sault Ste. Marie Bailway Company 243 sacks of potato starch at Minneapolis, Minn., which by the terms of the bill of lading were to be carried to Frederick Road Station, Md., if on its road, and, if not, to be delivered to another carrier on the route to its destination.
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In Error to the Circuit Court of the United States for the District of Minnesota. On the 22d day of August, 1898, S. H. Hall & Go. delivered to the Minneapolis, St. Paul & Sault Ste. Marie Bailway Company 243 sacks of potato starch at Minneapolis, Minn., which by the terms of the bill of lading were to be carried to Frederick Road Station, Md., if on its road, and, if not, to be delivered to another carrier on the route to its destination. The bill of lading upon the day of its execution was duly indorsed to the plaintiff. The complaint alleges the goods were delivered by one connecting line…
1Opinion of the CourtCaldwell, Circuit Judge
The goods were lost on the line of the last carrier, and the only material contested question of fact in the case was whether the defendant was the last carrier, or was liable as such. The plaintiff maintained that it was. The defendant maintained that it was not, hut that the Philadelphia, Wilmington & Baltimore Railroad Company was the last carrier, and carried the goods from Baltimore to Frederick Road, where they were lost. Upon this disputed question of fact then; was a. large volume of testitnony introduced by the plaintiff, some of which is adverted to in the charge of the lower court.…
2Cases cited9 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
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3Cited by3 opinions
- Lowendahl v. Baltimore & Ohio RailroadAppellate Division of the Supreme Court of the State of New York · 1936
- Stark Electric R. v. McGinty Contracting Co.Court of Appeals for the Sixth Circuit · 1917
- Heck v. AndersonSupreme Court of Iowa · 1944