Chicago, R. I. & P. Ry. Co. v. Diggs
Supreme Court of Oklahoma
Error from County Court, Johnston County; Nick Wolfe, Judge. Action by L. A. Diggs against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error. This action was brought to recover damages for delay in transportation of household goods from Milburn, Okla., to Crusher, Okla.
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Error from County Court, Johnston County; Nick Wolfe, Judge. Action by L. A. Diggs against the Chicago, Rock Island & Pacific Railway Company. Judgment for plaintiff, and defendant brings error. This action was brought to recover damages for delay in transportation of household goods from Milburn, Okla., to Crusher, Okla. The goods were delivered to the Chicago, Rock Island & Pacific Railway Company at their Milburn station on the 22d day of November, 1909, b)r L. A. Diggs, and consigned to C. C. Dues at Crusher, Okla., a town on the line of the Atchison,- Topeka & Santa Ee Railway Company,…
1Opinion of the Court
Opinion by
RITTENHOUSE, C.
(after stating the facts as above). The record in this case is silent as to whether the injury to the household goods occurred while the same were in the possession of the initial carrier or the connecting carrier. In the absence of proof on the question as to whether the injury occurred while the goods were in possession of the initial or the connecting carrier, it will be presumed that the goods were in the same condition when delivered to the connecting carrier that they were in when received by the initial carrier, and, if the shipment was damaged when it reached…
2Cases cited6 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- St. Louis & San Francisco Railroad v. McGivneySupreme Court of Oklahoma · 1907
- Farmington Mercantile Co. v. Chicago, Burlington, & Quincy RailroadMassachusetts Supreme Judicial Court · 1896
- St. Louis, I. M. & S. Ry. Co. v. CarlileSupreme Court of Oklahoma · 1912
- Chicago, R. I. & P. Ry. Co. v. WalkerSupreme Court of Oklahoma · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eastern Oil Co. v. BeattySupreme Court of Oklahoma · 1918
- Missouri, K. & T. Ry. Co. v. FooteSupreme Court of Oklahoma · 1915
- Lusk v. Durant Nursery Co.Supreme Court of Oklahoma · 1918