Sailer v. United States Railway Administration
North Dakota Supreme Court
Action in District Court, Mercer County, Lemblce, J., to recover damages upon a live-stock shipment. The court erred in refusing to dismiss the action as to Northern Pacific Railway Company. McGrath v. Northern P. R. Co. (N. D.) 177 N. W. 383. In computing delay of shipment of cattle, due consideration must be made of the stops for feed, water, and rest. St. Louis, I. M. & S. R. Co. v. Carlisle (Tex. Civ. App.) 78 S. W. 553; Hickey v. Chicago, E. & Q. R. Co. (Mo.
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Action in District Court, Mercer County, Lemblce, J., to recover damages upon a live-stock shipment. The court erred in refusing to dismiss the action as to Northern Pacific Railway Company. McGrath v. Northern P. R. Co. (N. D.) 177 N. W. 383. In computing delay of shipment of cattle, due consideration must be made of the stops for feed, water, and rest. St. Louis, I. M. & S. R. Co. v. Carlisle (Tex. Civ. App.) 78 S. W. 553; Hickey v. Chicago, E. & Q. R. Co. (Mo. App.) 160 S. W. 24. Por the plaintiff to recover there must be proof of delay. Johnston v. Chicago, B. & Q. R. Co. (Neb.) 97 N. W.…
1ConcurrenceBronson, J.
(specially concurring). I concur in the affirmance of the judgment as to the Director General and for its dismissal as to the railway company. I am of the opinion that the record presents questions of fact for the jury concerning the negligence of the carrier in failing to give proper care and protection to the milch cows shipped. There is evidence in the record that these cows, when shipped, were in good condition. Although shipment was made under a live-stock contract which provided for an attendant to accompany the cows, nevertheless, there is evidence in the record from which the jury…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railroad v. WilliamsNebraska Supreme Court · 1901
- Chicago, Burlington & Quincy Railway Co. v. SlatteryNebraska Supreme Court · 1906
- McGrath v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1913
- Morrell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920
- Spalding v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1903
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