V. L. Johnson, D/B/A v. L. Johnson Lumber Co. v. Chicago, Milwaukee, St. Paul & Pacific Railroad Co.

This diversity action for damages, removed from the state court, was commenced by Y. L. Johnson, d/b/a V. L. Johnson Lumber Co., hereafter “Shipper,” against the Chicago, Milwaukee, St. Paul & Pacific Railroad Co., hereafter the “Railroad.” At the close of the Shipper’s case to a jury, the court on motion of the railroad, entered a dismissal with prejudice on the grounds of insufficiency of the evidence.

The sole questions presented for decision are:

(1) the sufficiency of the evidence as to liability;

(2) the sufficiency of the evidence as to damages.

The Shipper, in his complaint, set forth three causes of action: (1) that the Railroad, a common carrier, discontinued freight services theretofore provided to the Shipper and refused to ship lumber, in violation of its common law and statutory duty as a carrier; (2) that a tunnel cave-in on the Railroad’s line, which resulted in the suspension and termination of rail service to the Shipper, was the direct result of the Railroad’s negligence and failure to reasonably maintain its line; (3) that following the cave-in and suspension of the service, the Railroad negligently and in violation of its statutory duty failed to make…