Beck v. Chicago, M. & St. P. Ry. Co.
South Dakota Supreme Court
Appeal from Circuit • Court, Lake County. Hon. Joseph W. Jones, Judge. Action 'by 'C. O. Beck, against the Chicago, Milwaukee. & St. Paul Railway 'Company to recover damages for value of a ship-merit of potatoes. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Hutchinson on 'Carriers, Sec. 1635, and cases cited; St. Louis & S. W. Ry.
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Appeal from Circuit • Court, Lake County. Hon. Joseph W. Jones, Judge. Action 'by 'C. O. Beck, against the Chicago, Milwaukee. & St. Paul Railway 'Company to recover damages for value of a ship-merit of potatoes. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Hutchinson on 'Carriers, Sec. 1635, and cases cited; St. Louis & S. W. Ry. Co. v. Burras Mill & Elevator Co. (Tex.) 168 S. W. 1028. Respondent cited: 6 Encylopedia Law and Procedure, 529. 530; Brand v. Wier, 57 N. Y. S. 731.
1Opinion of the CourtOates, P. J.
On October 13, 1913, plaintiff shipped a carload of potatoes of' the value of $298.46, to-wit, 55 cents a bushel, from Winfred, S. D., to Randolph, Neb., over the defendant’s line as far as- Sioux City, Iowa, and thence over the line of the Chicago, St. Paul, Minneapolis & Omaha Railway Company. The shipment reached Randolph on October 20th. On that day one Larsen the virtual, but not the nominal, consignee inspected the potatoes and refused to accept them for the reason that they were so badly frozen as to' be unfit and unsalable. Plaintiff, the nominal consignee, was immediately advised of…
2Cases cited4 opinions
- Brand v. WeirAppellate Terms of the Supreme Court of New York · 1899
- Parsons v. United States Express Co.Supreme Court of Iowa · 1909
- Wilkins v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- St. Louis S. F. R. Co. v. DreyfusSupreme Court of Oklahoma · 1913
3Cited by2 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Kennedy & Kratzer, Inc. v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1969