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NATIONAL VAN LINES, INC. v. HERBERT

No. 10204.

140 N.W.2d 36 (1966)

NATIONAL VAN LINES, INC., Plaintiff and Appellant, v. Charles HERBERT, Defendant and Respondent.

Supreme Court of South Dakota.

February 16, 1966.

Attorney(s) appearing for the Case

John E. Burke and Richard Hopewell, Sioux Falls, for plaintiff and appellant.

Robert L. O'Connor, Sioux Falls, for defendant and respondent.

RENTTO, Presiding Judge.

Plaintiff, an interstate common carrier of freight by motor vehicle, instituted this action to recover from the defendant freight charges in the sum of $292 which it claimed it had earned by transporting certain items of personal property and equipment owned by him from Fargo, North Dakota to Sioux Falls, South Dakota. A jury was waived and the matter submitted to the court. It entered a judgment dismissing plaintiff's complaint from which...

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