Sutton v. Chicago & Northwestern Railway Co.
South Dakota Supreme Court
Appeal from circuit court, Potter county. ' Hon. Poring F. Garry, Judge. Action by William Sutton against the Chicago & Northwestern Railway Company, to recover damages sustained by the loss of a car of potatoes alleged to have been caused by the negligence of the defendant railroad company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtFuulrr, P. J.
Plaintiff obtained judgment in this action to recover $375 damages sustained, it is claimed, by the loss of a car load of potatoes delivered to the defendant at Gettysburg, and negligently permitted to freeze while in transit, and the defendant appeals. Respondent loaded the potatoes into 'one of appellant’s refrigerator cars on the 17th day of February, 1898, and the bill of lading recites that, at the owner’s risk of freezing, the shipment is made from the consignor, at Gettysburg, to the consignee, at St. Louis, Mo. and the receipt of $130.10 to apply on freight is therein acknowledged. *113It…
2Cases cited8 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Hewett v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1884
- Wehmann v. Minneapolis, St. Paul & Sault Ste. Marie Ry. Co.Supreme Court of Minnesota · 1894
- Page v. Chicago, St. P. M. & O. Ry. Co.South Dakota Supreme Court · 1895
- Galloway v. McLeanSupreme Court Of The Territory Of Dakota · 1881
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3Cited by1 opinion
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916