Dunlap v. Great Northern Railway Co.
South Dakota Supreme Court
Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Action by J. R. Dlunlap against the Great Northern Railway Company, to recover damages for injury to apples during- shipment. Verdict for defendant, and it appeals from' an order granting plaintiff a new trial. (1) Under point one of the opinion, Appellant cited: Shéble v. Oregon R. & Nav. Co-. (Wash.), 98 .Pac. 745; Elliott on Railroads, 2nd Ed. § 1450; Ency. of Ev., 907, and cases' cited.
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Appeal from Circuit Court, Clay County. Hon. Robert B. Tripp, Judge. Action by J. R. Dlunlap against the Great Northern Railway Company, to recover damages for injury to apples during- shipment. Verdict for defendant, and it appeals from' an order granting plaintiff a new trial. (1) Under point one of the opinion, Appellant cited: Shéble v. Oregon R. & Nav. Co-. (Wash.), 98 .Pac. 745; Elliott on Railroads, 2nd Ed. § 1450; Ency. of Ev., 907, and cases' cited. Respondent cited: 6 Cye. 490, and cases cited; Beard & -Sons v. Illinois Central Ry. Co., 78 la. 518; 18 Am. St. Rep. 381, 7 E. R. A.…
1Opinion of the CourtPolley, J.
This appeal is. from an order granting a new trial. Respondent, a resident of Vermillion, in this state, shipped a -car load of apples billed to himself from Chillicothe, Mo., to Fargo, N. D. When the apples were delivered to him at Fargo, they were found to be in a heated and damaged condition, and this action is brought to recover the-loss suffered by respondent because of the damage to the apples.
The facts as disclosed by the record, are as follows: Respondent, a fruit dealer, shipped the apples on the 1st day of October. They were packed in barrels, and were No. 1, handpicked apples, in…
2Cases cited14 opinions
- Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Sullivan v. LearSupreme Court of Florida · 1887
- Syndicate v. GuttentagMassachusetts Supreme Judicial Court · 1901
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3Cited by4 opinions
- Barrett v. Northern Pacific Railway Co.Idaho Supreme Court · 1916
- East Texas Motor Freight Lines v. W. H. Hutchinson & Son, Inc.Court of Appeals of Texas · 1949
- J. F. Anderson Lbr. Co. v. Chicago & N. W. Ry. Co.South Dakota Supreme Court · 1929
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. LarosaIndiana Court of Appeals · 1921