Davis v. New York, Ontario & Western Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying its motion for judgment notwithstanding the verdict or for a new trial. As to what is a bill of lading, see “Bill of Lading,” Black, Law Diet.; Bouvier, Law Diet.; Minneapolis v. Home, 55 Minn. 236. Where the contract appears to be in writing, its terms are provable only by the instrument itself, if that is obtainable.
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Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying its motion for judgment notwithstanding the verdict or for a new trial. As to what is a bill of lading, see “Bill of Lading,” Black, Law Diet.; Bouvier, Law Diet.; Minneapolis v. Home, 55 Minn. 236. Where the contract appears to be in writing, its terms are provable only by the instrument itself, if that is obtainable. Ortt v. Minneapolis, 36 Minn. 396; Lowry v. Harris, 12 Minn. 166 (255). As a general rule the cause of action or the defense as proved must correspond with that averred in the…
1Opinion of the CourtCollins, J.
This was an action brought to recover for an alleged injury to a quantity of lemons, delivered to defendant company at Weehawken, New Jersey, to be transported to Minneapolis by it and its connecting carriers. A verdict for one thousand dollars was rendered against defendant, and its appeal is from an order denying a motion for a new trial. A new trial must be had because of erroneous rulings by the court below when receiving testimony.
It appears that at the time these lemons were delivered to defendant company, as initial carrier, one J. C. Anderson was its general freight agent, with his…
2Cases cited2 opinions
- Shea v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1895
- Stokoe v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
3Cited by6 opinions
- Schmitt v. EmerySupreme Court of Minnesota · 1942
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
- Spada v. Pennsylvania RailroadSupreme Court of New Jersey · 1914
- Davis v. ZimmernSupreme Court of Alabama · 1924
- Fort Worth & Denver City Ry. Co. v. MotleyCourt of Appeals of Texas · 1935
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