Brown Consolidated Milling Company v. Chicago & Northwestern Railway Company

• Decision Date: 19 May 1917
• Docket Number: 19527
• Citation: 163 N.W. 333,101 Neb. 365
• Parties: BROWN CONSOLIDATED MILLING COMPANY, APPELLEE, v. CHICAGO & NORTHWESTERN RAILWAY COMPANY, APPELLANT
• Court: Nebraska Supreme Court

163 N.W. 333

101 Neb. 365

BROWN CONSOLIDATED MILLING COMPANY, APPELLEE, v. CHICAGO & NORTHWESTERN RAILWAY COMPANY, APPELLANT

No. 19527

Supreme Court of Nebraska

May 19, 1917

APPEAL from the district court for Dodge county: FREDERICK W. BUTTON, JUDGE. Reversed and dismissed.

Judgment of the trial court reversed and cause dismissed.

A. A. McLaughlin, Lyle Hubbard and Wymer Dressler, for appellant.

Courtright, Sidner & Lee, contra.

CORNISH, J. SEDGWICK, J., not sitting.

OPINION

CORNISH, J.

Except that in this case all of the points of final destination of grain shipments were outside of the state, the facts herein are substantially the same as in Fremont Milling Co. v. Chicago & N. W. R. Co., ante, p. 362, and this case is governed by the law as laid down in said case.

For the reasons therein given, the judgment of the trial court should be reversed and the cause dismissed.

REVERSED AND DISMISSED.

SEDGWICK, J., not sitting.