Atchison Co. v. Baldwin
Supreme Court of Colorado
Appeal from Denver District Court: — Hon. John I. Mullins, Judge. Appellee, as plaintiff, brought suit against appellant to recover damages in the sum of $1,722.00, claimed to have been sustained on a shipment of cattle from Holbrook, Arizona, to the city of Denver, as the result of the alleged negligence of the defendant company in transporting the cattle between these points, which plaintiffs haft delivered to it for that purpose.
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Appeal from Denver District Court: — Hon. John I. Mullins, Judge. Appellee, as plaintiff, brought suit against appellant to recover damages in the sum of $1,722.00, claimed to have been sustained on a shipment of cattle from Holbrook, Arizona, to the city of Denver, as the result of the alleged negligence of the defendant company in transporting the cattle between these points, which plaintiffs haft delivered to it for that purpose. The negligence charged was to the effect that the defendant company kept the cattle on the cars thirty-six hours without food or water, by reason of which they…
1Opinion of the CourtJustice Gabbert
Truax, who- signed the shipping contracts-, was in the employ of plaintiffs, and had been for a number of years. He had charge of the shipment' and superintended the loading. Authority to deliver stock to a common carrier for shipment includes all the necessary and usual means of carrying it into-effect, so that the agent of the owner entrusted with its shipment, in the absence of notice to the carrier to the contrary, will be presumed to have authority to bind the shipper by a contract of shipment, in so far as such contract is valid. — Nelson v. Hudson River R. R. Co., 48 N. Y. 498; Hill v.…
2Cases cited21 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Gulf, Colorado & Santa Fe Railway Co. v. TrawickTexas Supreme Court · 1887
- Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
- Hill v. Boston, Hoosac Tunnel, & Western RailroadMassachusetts Supreme Judicial Court · 1887
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- Baird v. Denver & R. G. R.Utah Supreme Court · 1916
- Henry v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1915
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