SILENT SIOUX CORP. v. CHICAGO & NORTH WESTERN RY. CO.

No. 16077.

262 F.2d 474 (1959)

SILENT SIOUX CORPORATION, Appellant, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

January 14, 1959.


Attorney(s) appearing for the Case

P. L. Nymann, Sioux City, Iowa (Gene A. Probasco, Sioux City, Iowa, on the brief), for appellant.

Frank W. Davis, Des Moines, Iowa (Ray H. Johnson, Jr., Des Moines, Iowa, on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

The sole question for determination is whether appellee-defendant may be required to respond in damages to appellant-plaintiff for the negligent act of defendant's local agent at Orange City, Iowa, in misquoting freight rates to plaintiff.

To plaintiff's complaint defendant interposed a motion for judgment on the pleadings which was sustained and judgment was rendered dismissing the complaint. From this action, plaintiff has appealed...

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