Hardwick Farmers Elevator Co. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Minnesota
[Action in the district court for Rock county under Laws 1907, chapter 23 (R. L. Supp. 1909, §§ 2023 — I to 2023 — 13) to recover ■one dollar for every day’s delay to furnish plaintiff with cars as •demanded for the shipment of grain from the village of Hardwick to Minneapolis, Chicago or Davenport, Iowa, during the months of September and October, 1907, and $50 :£or an' attorney’s fee for' bringing the action.
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[Action in the district court for Rock county under Laws 1907, chapter 23 (R. L. Supp. 1909, §§ 2023 — I to 2023 — 13) to recover ■one dollar for every day’s delay to furnish plaintiff with cars as •demanded for the shipment of grain from the village of Hardwick to Minneapolis, Chicago or Davenport, Iowa, during the months of September and October, 1907, and $50 :£or an' attorney’s fee for' bringing the action. Defendant’s answer, which set forth the character of the movement of the grain and alleged that this was, in consequence, interstate commerce, as a defense complete in itself, was…
1Opinion of the CourtJaggard, J.
(after stating the facts not within [] as above)
The defenses interposed were, first, that because of a freight congestion, one of the greatest in the history of commerce, it was impossible for defendant to furnish cars any sooner than it did. On the evidence adduced, the trial court submitted to the jury the question whether or not it was within the power of the railroad company to have furnished the cars when demanded. The verdict of the jury for plaintiff must be sustained on this point, for this court was not furnished with a transcript of the testimony. No question on the subject is…
2Cases cited28 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- Missouri, Kansas & Texas Railway Co. v. HaberSupreme Court of the United States · 1898
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1899
- Ex Parte McNielSupreme Court of the United States · 1872
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3Cited by10 opinions
- Chicago, R. I. & P. Ry. Co. v. BeattySupreme Court of Oklahoma · 1911
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Great Northern Railway Co. v. Public Service CommissionSupreme Court of Minnesota · 1969
- Hartman v. Merged Area VI Community CollegeSupreme Court of Iowa · 1978
- Western Union Telegraph Co. v. BollingSupreme Court of Virginia · 1917
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