Weida v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Houston county, Whytock, J., denying a motion for a new trial. The order referred to in the opinion, which was sent to defendant’s station agent, Lyman, at Caledonia, was in the following form: “Lyman, I want to ship 2 cars pig tomorrow (30 ft.) 1-24-96. Answer. O. J. Weida.”
1Opinion of the CourtCollins, J.
The principal question upon the trial of this action was the construction to be placed upon a somewhat crude written order given by plaintiff to defendant’s station agent at Caledonia for cars in which to ship hogs over defendant’s line of railway to Chicago. The order was accepted by the agent, but, according to plaintiff’s interpretation of the same, the cars ordered were not furnished.
From Caledonia to Reno, about 14 miles, the railway is narrow gauge, and from Reno it is of the standard gauge; rendering it necessary to transfer all freight at the station last named. It seems to be…
2Cited by2 opinions
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