Coates v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from circuit court, Yankton county. Hon. E, G. Smith, Judge. Action to recover excess freight charges. Judgment for defendant, arid plaintiff appeals. The facts are stated in the opinion. A bill of lading is both a receipt and a contract, and parol evidence is admissible as to amount of goods delivered. Bank v. Railroad, 67 la. 526, 25 N. W. 769; Chapin v. Railroad, 44 N. W. 820, 79 la. 582.
1Opinion of the CourtPuller, J.
Plaintiff instituted this action to recover certain freight charges paid under protest, and alleged to be in *174excess of the amount for which the defendant expressly agreed to transport plaintiff’s tank car of oil from different stations in Pennsylvania and other eastern points to Yankton, over its own and connecting lines of railway. The complaint relates to four distinct shipments, under express contracts, and states a a cause of action for overcharges in each instance, amounting in the aggregate to §108.40. The defendant interposed a general denial, and the court, by request of both parties,…
2Cases cited1 opinion
- Page v. Chicago, St. P. M. & O. Ry. Co.South Dakota Supreme Court · 1895
3Cited by3 opinions
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916
- McLagan v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Sutton v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1900