B. Presley Co. v. Illinois Central Railroad
Supreme Court of Minnesota
Action in the municipal court of St. Paul against the Illinois Central Railroad Company and the Minneapolis & St. Louis Railroad Company to recover $294.22, damages caused by the freezing of a carload of holly.
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Action in the municipal court of St. Paul against the Illinois Central Railroad Company and the Minneapolis & St. Louis Railroad Company to recover $294.22, damages caused by the freezing of a carload of holly. The separate answers were substantially the same, and alleged that there was a special contract for the shipment of the holly which provided: “No carrier shall be liable for loss, damage or injury not occurring on its own road or its portion of the through route, nor after said property has been delivered to the next carrier, except as such liability is or may be imposed by law.” “No…
1Opinion of the CourtBunn, J.
This action was to recover damages to a car of holly, owned by plaintiff and transported by defendants as common carriers from Tunstalls, Virginia, to St. Paul, in November, 1908. The case was tried before the court, without a jury, and a decision rendered in plaintiff’s favor in the sum ,of $294.22. Defendants appealed from an order refusing a new trial.
Plaintiff, at the trial, offered evidence tending to prove that the holly was in good condition when shipped, and in a frozen condition when received in St. Paul, and rested. Defendant offered no testimony, other than the evidence of one…
2Cases cited1 opinion
- White v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1910
3Cited by4 opinions
- George B. Higgins & Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1917
- Victor Produce Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1916
- Jennings v. Baltimore & Ohio RailroadAppellate Court of Illinois · 1915
- W. A. White Brokerage Co. v. American Railway Express Co.Supreme Court of Minnesota · 1928