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STATE ELEVATOR COMPANY v. GREAT NORTHERN RAILWAY COMPANY

Minnesota Supreme Court1916-06-16No. Nos. 19,857—(228)
133 Minn. 295

Summary

Holding. The trial court did not err in admitting the agent's testimony regarding the weight of wheat loaded using a hopper scale, nor did it err in excluding evidence of discrepancies in other grain shipments for lack of sufficient foundation. The order of the trial court was affirmed.

State Elevator Company sued Great Northern Railway for the loss of wheat during shipment from New Germany to Minneapolis. The plaintiff established the quantity delivered in Minneapolis and attempted to prove the original amount loaded by presenting testimony from its agent regarding weights recorded on a hopper scale at the point of loading. The defendant challenged both the competency of this evidence and the trial court's exclusion of evidence regarding discrepancies in other grain shipments.

The court upheld the trial court's decisions on both issues. The agent's testimony about the weight of wheat loaded was deemed competent and sufficient, even though the scale recorded measurements in bushels rather than pounds, because bushels of a standardized weight constitute a valid unit of measurement for establishing weight. The court also found no error in excluding evidence about discrepancies in thirteen other shipments, reasoning that such collateral evidence lacked an adequate foundation because it involved different circumstances—the other cars were loaded and weighed by the agent's son under different conditions—and therefore could not reliably shed light on the accuracy of the scales used for the shipment in question.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Competency of weight evidence recorded in bushel units rather than pounds
  • Admissibility of collateral evidence regarding discrepancies in other shipments to impeach scale accuracy
  • Sufficiency of foundation for introducing evidence of collateral facts

Procedural posture

The trial court admitted certain testimony and excluded other offered testimony; the defendant appealed, and the appellate court reviewed whether the trial court erred in its evidentiary rulings.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Hallam, J.

This action was brought to recover for loss of part of two carloads of wheat in transit from New Germany, Minnesota, to Minneapolis, Minnesota. Plaintiff showed the quantity of wheat unloaded in Minneapolis. As to this amount no question is raised. It then undertook to show that the quantity loaded at New Germany was substantially more, and in that manner arrived at the amount of the loss. Defendant makes two contentions.

1. It is contended that there is no competent.evidence of the amount loaded at New Germany. The evidence of plaintiff on this point is that of its agent Kempen. Defendant contends that his testimony as to the amount shipped is in terms not of weight, but of bulk. If this be true, then his testimony was of no value, since the testimony as to the amount deliv ered in Minneapolis is in terms of pounds. Whether or not defendant’s contention is true depends simply on the proper construction of the language which this witness used on the stand. His language may not have been well -chosen, but we cannot give it the meaning contended for by defendant. His testimony is that the wheat was loaded into the car by means of a hopper scale. This hopper scale has a scale beam with bushel weights, so that instead of indicating “so many -pounds,” as the ordinary scale does, it indicates “so many bushels” of 60 pounds each. Of course it is immaterial whether the unit of the scale is a pound or a bushel, so long as it is a unit of weight. In either case weight, and not bulk, is the basis of computation. The testimony of this witness quite plainly means that the figures given as to the number of bushels loaded at New Germany are based upon weight and not bulk, and it was competent and sufficient evidence to show the amount by weight which was loaded.

2. The other contention made is that the court erred in refusing to receive certain offered testimony. The defendant offered to show by this same witness, Hempen, on cross-examination under the statute, that, during a period which included the loading of the cars in controversy, plaintiff shipped from New Germany to Minneapolis 25 other cars of grain, that plaintiff’s shipping memoranda show that the wheat contained in these cars was weighed over the same scales used to weigh the wheat which is here in controversy, and that 13 out of the 25 arrived at destination with an amount greater than plaintiff’s records show was weighed into the cars. The purpose of the proposed proof was to show the inaccuracy of the scales. The court received testimony of this character as to some of the .cars shipped. As to other cars, objection being made, the offered proof was rejected, on the ground, not that testimony of discrepancies in other shipments was not admissible, but that no foundation was laid for the reception of the offered evidence as to these particular cars. The reason that moved the court in excluding the testimony which was rejected was, that it appeared that the witness had not loaded these cars, nor had he weighed their contents; that they were loaded by his son, a boy of 20; that the memoranda of weights were made by the son; that some of the grain loaded by the son was not in fact weighed at all, and that that which he did weigh was not carefully weighed. We think the court did not err in rejecting this evidence as to* discrepancies in other shipments. The offered evidence was of facts collateral to the issue. Such evidence may be admitted when the collateral facts will have a direct logical tendency to shed real light on the question in issue. Cochran v. West Duluth Ind. Const. & Imp. Co. 64 Minn. 369, 67 N. W. 206; Philips v. Mo, 91 Minn. 311, 97 N. W. 969; Humphrey v. Monida & Yellowstone Stage Co. 115 Minn. 18, 131 N. W. 498. That is, if there is a question as to the testimony of a witness upon a point in issue, evidence may be received of collateral facts which have a direct bearing upon the reasonableness, and therefore upon the credibility, of the testimony. Glassberg v. Olson, 89 Minn. 195, 197, 94 N. W. 554. The reception of such testimony rests largely in the discretion of the trial court. Such facts may in some cases ha-ve great persuasive force. On the other hand, their introduction prolongs the trial and may divert the jury from the real issue. The question as to whether a sufficient foundation has been laid, that is, whether a close enough relation has been shown between the collateral facts and the point at issue, rests largely in the discretion of the trial-court as in other cases where it is necessary to lay a foundation for the introduction of evidence. See Clarke v. Philadelphia & Reading Coal & Iron Co. 92 Minn. 418, 421, 100 N. W. 231. In this case the evidence that-the circumstances were dissimilar was such that on that ground alone the trial court might, in its discretion, reject the offered proof.

Order affirmed.