Southern Pac. Co. v. Stephany
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United. States for the Second Division of the Northern District of California; Jeremiah Neterer, Judge. Action at law by Hilmar Stephany against the Southern Pacific Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
GILBERT, Circuit Judge.
The defendant in error obtained a judgment against the plaintiff in error for $1,000 as damages for delay in the transportation of goods shipped from San Francisco to New York on August 29, 1916, the goods not having been delivered, until October 6, 1916.
[1] Error is assigned to the admission of plaintiff’s testimony that at the time of the shipment, in a conversation with the defendant’s clerk, through'whom tire shipment was made, he said:
“I inquired how long this shipment would take to New York City from hero, and he told me 15 days. In the conversation I told him I…
2Cases cited1 opinion
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
3Cited by7 opinions
- Jayne v. Mason & Dixon Lines, Inc.Court of Appeals for the Second Circuit · 1941
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936
- Hovland v. SmithCourt of Appeals for the Ninth Circuit · 1927
- United States v. E. I. Du Pont De Nemours & Co.District Court, D. Delaware · 1951
- Inter Maritime Forwarding Co. v. United StatesUnited States Customs Court · 1960
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