Knudsen Ferguson Fruit Co. v. Chicago, St. P., M. & O. Ry. Co.
Court of Appeals for the Seventh Circuit
• In Error to‘the Circuit Court of the United States for the Western District of Wisconsin. To review the judgment of the Circuit Court in an action brought by plaintiff in error to recover $45, claimed to have been illegally exacted by defendant in error as a charge for icing service rendered in connection with the transportation of a car load of peaches, this writ was prosecuted.
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• In Error to‘the Circuit Court of the United States for the Western District of Wisconsin. To review the judgment of the Circuit Court in an action brought by plaintiff in error to recover $45, claimed to have been illegally exacted by defendant in error as a charge for icing service rendered in connection with the transportation of a car load of peaches, this writ was prosecuted. The Michigan On i ral, Chicago & Northwestern, and Chicago, St. Paul, Minneapolis & Omaha Railway Companies operate a continuous line from South Haven, Mich., to Duluth, Minn., the points of origin and destination,…
1Opinion of the CourtDandis, District Judge
The plaintiff’s theory of defendant’s liability is that peaches, being-of a perishable nature, cannot be transported in safety the distance between South Haven and Duluth- (some 800 miles) without refrigeration in transit; that the law imposes upon the carrier the duty to carry* safely; that therefore, when the carrier publishes a rate for the transportation of such perishable commodity, the obligation to refrigerate rests upon the carrier as an inherent essential to safe transportation, the performance of which obligation, as contended by plaintiff, gives the carrier no right to impose -an…
2Cases cited3 opinions
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Maxwell v. GriswoldSupreme Court of the United States · 1851
3Cited by8 opinions
- Swift & Co. v. Columbia Ry., Gas & Electric Co.Court of Appeals for the Fourth Circuit · 1927
- Detroit Edison Co. v. Wyatt Coal Co.Court of Appeals for the Fourth Circuit · 1923
- Knudsen-Ferguson Fruit Co. v. Michigan Cent. R.Court of Appeals for the Eighth Circuit · 1906
- Shell Oil Co. v. Cy Miller, Inc.Court of Appeals for the Ninth Circuit · 1931
- The John FrancisDistrict Court, S.D. Alabama · 1911
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