Farmers' Mercantile Co. v. Northern Pacific Railway Co.
North Dakota Supreme Court
Appeal from the District Court of Morton County, Nuchols, J. Action for damages for loss of freight by fire. Judgment for defendant. Plaintiff appeals. Statement by Bruce, J. This is an action to recover the value of certain merchandise -which was destroyed by fire in defendant’s warehouse at Mandan on March 8, 1910. Various shipments of merchandise were consigned to defendant by various wholesale houses for delivery to the plaintiff at Mandan, North Dakota.
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Appeal from the District Court of Morton County, Nuchols, J. Action for damages for loss of freight by fire. Judgment for defendant. Plaintiff appeals. Statement by Bruce, J. This is an action to recover the value of certain merchandise -which was destroyed by fire in defendant’s warehouse at Mandan on March 8, 1910. Various shipments of merchandise were consigned to defendant by various wholesale houses for delivery to the plaintiff at Mandan, North Dakota. Plaintiff’s place of business, however, was situated about 18 or 20 miles from Mandan. The goods arrived at Mandan on the 24th day of…
1Opinion of the CourtBruce, J.
(after stating the facts as above). We are satisfied that if the defendant occupied the position of a gratuitous bailee merely, it was in no way liable in this case. If it was such a bailee, it could only have been held liable upon proof of gross negligence, and no such proof is to be found in the record. Gross negligence is, to all intents and purposes, no care at all. It is the omission of the care which even the most inattentive and thoughtless seldom fail to take of their own concerns. It evinces a reckless temperament. It is a lack of care which is practically wilful in its nature. It is…
2Cases cited26 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Schoepper v. Hancock Chemical Co.Michigan Supreme Court · 1897
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
21 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Roy Steinberg v. Sahara Sam's Oasis, Llc(075294)Supreme Court of New Jersey · 2016
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Johnston's Fuel Liners, Inc.North Dakota Supreme Court · 1963
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- United States Rubber Company v. Eugene BauerCourt of Appeals for the Eighth Circuit · 1963
- Storla v. Spokane, Portland & Seattle Transportation Co.Oregon Supreme Court · 1930
19 more not listed; retrieve them via the Exa API.