Taugher v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Stutsman county; Burke, J. Action by Lillian B. Taugher against the Northern Pacific Railway Company and others for the conversion of flax shipped by plaintiff over defendant’s railroad. The defendant, the Northern Pacific Railway Company, appeals from a judgment in favor of plaintiff and an order denying a new trial. Neglect of duty is not necessarily conversion. 28 Am. & Eng. Enc.
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Appeal from the District Court of Stutsman county; Burke, J. Action by Lillian B. Taugher against the Northern Pacific Railway Company and others for the conversion of flax shipped by plaintiff over defendant’s railroad. The defendant, the Northern Pacific Railway Company, appeals from a judgment in favor of plaintiff and an order denying a new trial. Neglect of duty is not necessarily conversion. 28 Am. & Eng. Enc. Law, pp. 682, 683; Marshall v. Andrews, 8 N. D. 364, 79 N. W. 851; Magnin v. Dinsmore, 70 N. Y. 410, 26 Am. Rep. 608; Moses v. Norris, 4 N. H. 304; Central R. & Bkg. Co. v.…
1Opinion of the CourtSpalding, J.
This is an appeal by one of the defendants, the *116Northern Pacific Railway Company, from a judgment in favor of the plaintiff, Lillian B. Laugher, and from an order overruling and denying said defendant’s motion for judgment notwithstanding the verdict, or for a new trial. The action was brought against the Northern Pacific Railway Company, a corporation, Peter Kernel’, and the firm of Olson, Preszler, & Bollinger. The complaint, omitting the formal parts, alleges that on or about the 3d day of January, 1908, plaintiff was the owner and in possession of 550 bushels of flax at the village of…
2Cases cited23 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Gans v. BeasleyNorth Dakota Supreme Court · 1894
- Yale v. SaundersSupreme Court of Vermont · 1844
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3Cited by14 opinions
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- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Larson v. Quanrud, Brink & ReiboldNorth Dakota Supreme Court · 1951
- Christensen v. Farmers State Bank of RichardtonNorth Dakota Supreme Court · 1968
- American Surety Co. of New York v. Hill CountyCourt of Appeals of Texas · 1923
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