Zimmerman v. Northern Pacific Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $250 for hogs which were lost, killed or stolen while in course of transportation. The answer after setting forth the shipping contract alleged that any loss which had occurred had been caused by plaintiffs negligence.
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Action in the municipal court of Minneapolis to recover $250 for hogs which were lost, killed or stolen while in course of transportation. The answer after setting forth the shipping contract alleged that any loss which had occurred had been caused by plaintiffs negligence. The case was .tried before Bardwell, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $125, and interest. From an order denying its motion for judgment notwithstanding the verdict or for…
1Opinion of the CourtBrown, C. J.
Plaintiff shipped a carload of hogs over defendant’s line of road from Wibaux in the state of Montana, to South St. Paul in this state. It was an interstate shipment and the transportation was under a special contract at rates lower than those prescribed by the Interstate Commerce Commission, based upon a specified valuation of the hogs, and other special stipulations. The contract provided, among other things, that the railroad company should not be liable for injury to or loss of the hogs unless the same was caused by its negligence, and further that: “The shipper will load, unload, care…
2Cases cited5 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Mosteller v. Iowa Central Railway Co.Supreme Court of Iowa · 1911
- McGrath v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1913
- Freeman, Receiver v. BarryCourt of Appeals of Texas · 1910
- Cole v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1912
3Cited by3 opinions
- Starr v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1919
- S. G. Palmer Co. v. Illinois Central RailroadSupreme Court of Minnesota · 1925
- Chaimson v. American Railway Express Co.Wisconsin Supreme Court · 1922