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VANTINE PAINT & GLASS CO. v. HART MOTOR EXPRESS, INC.

No. 7867.

101 N.W.2d 541 (1960)

VANTINE PAINT & GLASS COMPANY of Bismarck, North Dakota, a Domestic Corporation, Plaintiff and Respondent, v. HART MOTOR EXPRESS, INC., a Corporation, Defendant, Third-Party Plaintiff and Appellant (John W. Larson, Third-Party Defendant and Respondent).

Supreme Court of North Dakota.

March 4, 1960.

Attorney(s) appearing for the Case

Cox, Pearce & Engebretson, Bismarck, for plaintiff and respondent.

R. W. Wheeler, Bismarck, for defendant, third-party plaintiff, and appellant.

Rausch & Chapman, Bismarck, for third-party defendant and respondent.

TEIGEN, Judge.

The respondent Vantine Paint & Glass Company brought action and recovered judgment against the appellant Hart Motor Express for breakage of one carton of 34 panes of plate glass valued at $1,242.05, broken in unloading process at the point of destination. Trial de novo is demanded in this court. Hart Motor Express, a common carrier, admits contract for carriage, but alleges the glass as packaged was a heavy and bulky article, as defined in the ...

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