St. Joseph & Grand Island Railroad v. Palmer
Nebraska Supreme Court
Error from the district court of Adams county. Tried below before Gaslin, J. The facts are stated in the opinion. The bill of lading was the written contract of the parties. Parol evidence to prove a prior verbal agreement contradicting its provisions was inadmissible. (Delaney v. Linder, 22 Neb., 280; Goss v. Lord Nugent, 5 Barn. & A. [Eng.], 64*; MoNish v. Reynolds, 95 Pa.
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Error from the district court of Adams county. Tried below before Gaslin, J. The facts are stated in the opinion. The bill of lading was the written contract of the parties. Parol evidence to prove a prior verbal agreement contradicting its provisions was inadmissible. (Delaney v. Linder, 22 Neb., 280; Goss v. Lord Nugent, 5 Barn. & A. [Eng.], 64*; MoNish v. Reynolds, 95 Pa. St., 483; Clarice ■ v. Omaha & S. W. R. Co., 5 Neb., 322; Hamilton v. Thrallr 7 Neb., 210; Dodge v. Kiene, 28 Neb., 216.) The court erred in submitting to the jury the question of the existence of any other contract for…
1Opinion of the Court
Irvine, C.
The plaintiff in error was a railroad company operating a line of railroad between St. Joseph, Missouri, and Grand, Island, Nebraska, and passing through the city of Hastings,. Nebraska. In December, 1889, certain goods were loaded into a ear at Hastings for shipment to Grant’s Pass, Oregon. These goods consisted of furniture, wearing apparel, and household goods belonging partly to one Pardee and partly to one Hart, and of a stock of drugs and drug store-fixtures belonging to the defendant in error, Palmer. The-goods were carried to Grand Island by the plaintiff in error,, and…
2Cases cited3 opinions
- Atchison & Nebraska Railroad v. WashburnNebraska Supreme Court · 1876
- Missouri Pacific Railway Co. v. VandeventerNebraska Supreme Court · 1889
- Union P. R. Co. v. MarstonNebraska Supreme Court · 1890
3Cited by12 opinions
- Latta v. Chicago, St. P., M. & O. Ry. Co.Court of Appeals for the Eighth Circuit · 1909
- Nye-Schneider-Fowler Co. v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1920
- Union Pacific Railway Co. v. Metcalf & WoodNebraska Supreme Court · 1897
- Union Pacific Railway Co. v. VincentNebraska Supreme Court · 1899
- Clark v. Southern Railway Co.Indiana Court of Appeals · 1918
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