Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-31
SUIT FOR S1.251,55O.

VS.. the Burlington, Cedar Rapids s
Northern Railway Company, of Iowa.
At O'Clock yesterday afternoon the pc
tition of the above named plaintiff was
flei in the district court of Ramsey coun.
ty, asking exemplary damages in the sum
of S1,251,550. Attachments issued last
evening against the railway company
The following is a complete abstract OF
the complaint filed by Messrs. Wilson &
O'Brien, attorneys for the Northwestern
Fuel company, plaintiffs:
Northwestern Fuel company, plaintiff, VS..
Burlington, Cedar Rapids & Northwestern
Railroad company, defendant.
The complaint of the plaintiff alleges:
That it Is corporation under the laws
of Minnesota, with its principal place of
business at the city of st. Paul, engaged in
buying and selling fuel, particularly coal,
selling and forwarding the same to differ
ent points in Minnesota and Dakota, and
has been for more than three years last
passed.
That during this period the defendant was
railroad corporation created and existing
by virtue of the laws of the state of Iowa,
with its principal place of business at
Cedar Rapids, Iowa.
That during the above period the de-
PENDANT was and still is engaged
in operating certain lines of rail
road from What Cheer, Iowa,
to different points in Minnesota, including
Waseca, Chaska, Merriam Junction, Min
neapolis and White Bear, in said Min
nesota.
That On or about the 7th of July, 1881,
there was developed at What Cheer, Iowa,
large bitumjnoUs coal mines, and
the plaintiff ascertained that it
could procure the product of
the mines if transportation could be
obtained, and that said railroad was the
most direct route by which said coal could
be transported from said mines and de-
ii7ered to plaintiff in Minnesota. There
upon, with full knowledge Of all the facts
on the part of defendant, contract
was entered into, that plaintiff would
mine and deliver to defendant for
transportation large quantities of coal,
and Of not less than the minimum quantity
of 100000 tons per arnum, during the life
of the contract executed July z, 1881, by
plaintiff and defendant.
That plaintiff OH its part diligently pro-
ceeded to execute the contract furnishing
cars and mining more than 100000 tons of
the coal per annum.
That plaintiff PAID TO defendant prompt
~ the full amount OF freight, and in eve ry
respect complied with the contract
That defendant performed its part of the
contract until the I'd day of March, 1883.
and daring said time hauled from What
Cheer and delivered to plaintiff, and desig-
mated points of distribution, 7,522 tons
OF coal, plaintiff duly paying full amounts
OF freight thereon.
That March I'd, 1888, defendant, without
any cause, and against the protest and
consent of plaintiff, wholly failed and re-
fused to perform its part of the con-
tract, by refusing to receive coal at
What Cheer, Iowa, or to parmit its own
cars or the cars of plaintiff to be hauled
to What Cheer to be loaded with
coal, or for any other purpose, or
to permit any coal to be shipped by plain
tin from said mines. or by anybody else at
What Cheer, consigned to plaintiff, and in
all things wholly abandoned the contract,
without reason or excuse, willfully and
wantonly, and so continues to do.
Plaintiff alleges that it has been, still is
and will be amply competent to carry out
its part Of the contract, and that the breach
of the contract by defendant is in wanton
disregard of the rights and interests of
plaintiff.
That plaintiff has expended at least
100000, in the purchase and building of
coal cars furnished to defendant, and that
1t cannot nse said cars for any other pur-
pose or upon any other lines of railroad to
any beneficial extent, and that by conduct
Of defendant it has been damaged in the
sum of 100000.
That from the I'd day Of March to and
including the Both day of March it could
and would have received from the What
Cheer mines $50 tons of coal, Of the
value of $1.70 per ton above the cost of
mining and ansportation, and that by
the breach of contract by dofendeut the
plaintiff IS damaged il the further sum OF
$95,625.
That plaintiff relying upon the contract
and the belief that defendant intended to
carry out the same, had in 1882, and early
III 1888, made contracts for the sale and
delivery to certain railroads and parties in
Minnesota and Dakota, amounting to
more than 100000 tons of coal, and that
by reason of refusal of defendant to trans
port said coal, plaintiff was deprived of at
least so cents per ton for said coal over
cost of mining and transporting the same
the damage thereby amounting to the
further sum of $125,O00.
That owing to the refusal of defendant
to carry out its part of contract, plaintiff
to meet Its obligations to its customers has
been obliged to supply other coal at an en-
HANGED cost of at least $1.70 per ton over
that at which plaintiff could have furnished
the same, from the What Cheer mines, had
the defendant complied with the contract
and thus plaintiff has been damaged in the
further sum of $31,925.
That plaintiff in pursuance of said con.
tract, and seeking to fulfill the conditions
thereof on its part, and responding to the
solicitations of defendant had expended at
What Cheer and in execution of It's con.
tracts for mining and furnishing coal the
further sum of 100000, which is wholly
lost to plaintiff by refusal of defendant
and plaintiff is further damaged in that
amount
The plaintiff alleges that by the wrong
full acts of defendant its business has been
interfered, lessened and injured to thekfur-