Knapp v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Action to recover on a contract for Hauling freight, BvMz, J. Appeal from the District Court of Burke County from an order setting aside a judgment and granting a new trial after a verdict had been directed for the defendant. Defendant appeals.
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Action to recover on a contract for Hauling freight, BvMz, J. Appeal from the District Court of Burke County from an order setting aside a judgment and granting a new trial after a verdict had been directed for the defendant. Defendant appeals. Statement by Bruce, J. This action was brought to recover $481.83 and interest claimed to be due under a contract by which the defendant agreed to pay the, plaintiff 5 cents a bushel for hauling wheat from Boscurvis, Saskatchewan, Canada, and Paisley and Newport, North. Dakota, to the depot or shipping tracks of the defendant railway company at…
1Concurrence · GossGoss, J.
In my opinion the cross-examination was unduly curtailed, as held in the main opinion, and there was evidence sufficient to take the case to the jury for a finding, upon the authority *318of Cole, to bind tbe company by tbe alleged agreement plaintiff claims to have entered into with defendant, through its agent.
There seems to me to be no question involved of an unlawful preference. Concededly the grain was billed as upon the legal transportation over a connecting carrier from Boscurvis, Canada, to Duluth, and a rate of 22 cents per hundred pounds collected. This rate is in evidence, and had…
Also in this document: Concurrence · Christianson.
2Cases cited8 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Brooks v. MartinSupreme Court of the United States · 1864
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
- McBlair v. GibbesSupreme Court of the United States · 1855
- Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1906
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