Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Wells county; Burke, J. Action by J. J. Hatch and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From a judgment for plaintiff defendant appeals.
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Appeal from District Court, Wells county; Burke, J. Action by J. J. Hatch and another against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. From a judgment for plaintiff defendant appeals. A provision in a contract with a carrier of goods, that the receiver of such goods shall give notice in writing before their removal from the place of destination, or they are mixed with other goods, as a condition precedent to the right of recovery for damages for their loss or injury, is not unreasonble. Express Co. v. Caldwell, 21 Wall. 264, 268, 22 L. Ed. 556, 88 U. S. 264; Queen of the…
1Opinion of the CourtMorgan, C. J.
The plaintiffs entered into a written contract with the defendant under which a carload of horses was to be carried from the Minnesota Transfer to Plarvey, N. D. The plaintiffs claim that the horses were injured through the defendant’s negligence, and that they were damaged thereby in the sum of $504. The written contract is attached to the complaint and made a part thereof. The defendant demurred to the complaint upon the ground that it appears upon the fact thereof that it does not state a cause of' action. The demurrer was overruled. Defendant appeals from the order overruling it.
The…
2Cases cited17 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Westcott v. . FargoNew York Court of Appeals · 1875
- Gatzow v. BueningWisconsin Supreme Court · 1900
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
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3Cited by14 opinions
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Houtz v. Union Pac. R.Utah Supreme Court · 1908
- Stevens v. BarnesNorth Dakota Supreme Court · 1919
- Cooke v. Northern Pacific Railway Co.North Dakota Supreme Court · 1911
- Abramovitz v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
9 more not listed; retrieve them via the Exa API.