Morrell v. Northern Pacific Railway Co.
North Dakota Supreme Court
Separate appeals by tbe Northern Pacific Railway Company and Walker D. Iiines, Director General of Railroads, from District Court of Dunn County, F. T. Lemblce, J. In an action against a carrier for loss of goods, the failure of the declaration to allege compliance with a provision of the bill of lading requiring notice of claim for injuries renders the declaration subject to demurrer.
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Separate appeals by tbe Northern Pacific Railway Company and Walker D. Iiines, Director General of Railroads, from District Court of Dunn County, F. T. Lemblce, J. In an action against a carrier for loss of goods, the failure of the declaration to allege compliance with a provision of the bill of lading requiring notice of claim for injuries renders the declaration subject to demurrer. Williamsport Lumber Co. v. B. & O. R. Co. II S. E. 333; Cooke v. N. P. R. Co. 22 N. D. 266. The rules and regulations, duly published and filed, which in any wise affect the rates or the value of the service to…
1Opinion of the Court
On Rehearing.
Birdzell, J.
This is an action brought by a shipper to recover damages of the defendants for their failure to deliver to the consignee at Chicago certain live stock which the plaintiff loaded for shipment at Killdeer, North Dakota. The proof shows that on September 19, 1918, the plaintiff shipped from Killdeer 24 head of cattle, 21 steers, and 3 heifers, in car No. 84,945. When this car reached Chicago several days later, it did not contain the stock originally loaded in it, but it did contain some 22 cows and 22 calves. It appears that these were sold by the commission company,…
2Cases cited20 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
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3Cited by6 opinions
- Brown Coal Co. v. Illinois Central RailroadSupreme Court of Iowa · 1923
- Davis v. John L. Roper Lumber Co.Supreme Court of Virginia · 1924
- Jacobson v. HornerNorth Dakota Supreme Court · 1923
- Live Oak, Perry Gulf R. R. Co. v. HolmesSupreme Court of Florida · 1925
- Sailer v. United States Railway AdministrationNorth Dakota Supreme Court · 1920
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