Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.
North Dakota Supreme Court
Appeal from tbe judgment of tbe District Court of Burke County, Buttz, Special Judge. Defendant appeals. “Tbe duties and obligations of tbe common carrier witb respect to tbe goods commence witb tbeir delivery to bim; this, delivery must be complete, so as to put upon bim tbe exclusive duty of seeing to tbeir safety.
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Appeal from tbe judgment of tbe District Court of Burke County, Buttz, Special Judge. Defendant appeals. “Tbe duties and obligations of tbe common carrier witb respect to tbe goods commence witb tbeir delivery to bim; this, delivery must be complete, so as to put upon bim tbe exclusive duty of seeing to tbeir safety. Tbe law will not divide tbe duty or tbe obligation between tbe carrier and tbe owner of tbe goods and until it has become imposed upon tbe carrier by a delivery and acceptance, be cannot be held responsible for loss. Hutchinson, Carr. 3d ed. § 105; Missouri P. R. Co. v. McFadden,…
1Opinion of the CourtChristianson, J.
This is an action to recover damages for certain wheat which plaintiff asserts he delivered, and defendant as a common carrier received,'for the purpose of transportation; and which wheat, plaintiff asserts, was lost by reason of the negligence of the defendant and its employees, while in the possession and under the control of the defendant. The case was tried to a jury; a verdict was *471returned in favor of the plaintiff, and defendant has appealed from the judgment entered upon the verdict. ■
The principal question presented on this appeal is whether plaintiff’s cause of action was…
2Cases cited18 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Pollard v. VintonSupreme Court of the United States · 1882
- Missouri Pacific Railway Co. v. McFaddenSupreme Court of the United States · 1894
- Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
- Normile v. Oregon Navigation Co.Oregon Supreme Court · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- E. H. Emery & Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1919
- Rivinius v. HuberNorth Dakota Supreme Court · 1946
- Baltimore & Ohio Railroad v. United StatesDistrict Court, D. Maryland · 1963
- Knapp v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1919
- Campbell v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1928
2 more not listed; retrieve them via the Exa API.