CHRISTENSEN v. NORTHERN PAC. RY. CO.

No. 14038.

184 F.2d 534 (1950)

CHRISTENSEN v. NORTHERN PAC. RY. CO.

United States Court of Appeals Eighth Circuit.

October 3, 1950.


Attorney(s) appearing for the Case

J. F. X. Conmy, Fargo, N. D., for appellant.

Conmy & Conmy, Fargo, N. D., for appellee.

Before JOHNSEN, RIDDICK and STONE, Circuit Judges.


JOHNSEN, Circuit Judge.

A railroad tariff contained this provision: "Orders for cars must be placed with carrier's agent in writing a reasonable time in advance, stating the number, size and kind of cars, destination and date wanted. For convenience, cars may be ordered by telephone, in which case confirmation must be given in writing."

Some ranchers in North Dakota telephoned the carrier's agent an order for a number of livestock cars, to be made available...

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