Legal Opinion

McKibbin v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided December 4, 1899No. Nos. 11,790—(98)PublishedCited by 6 opinions

Action in the district court for Ramsey county to recover $1,090 and interest, the value of a sample trunk alleged to have been lost by defendant’s negligence. The case was tried before Brill, J., who directed a verdict in favor of plaintiffs for $1,109; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Read the full summary

Action in the district court for Ramsey county to recover $1,090 and interest, the value of a sample trunk alleged to have been lost by defendant’s negligence. The case was tried before Brill, J., who directed a verdict in favor of plaintiffs for $1,109; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The liability of a carrier in respect to baggage is incident to the relation of carrier and passenger, and is personal to the passenger. Defendant is not liable to plaintiffs for% damage to articles owned by them and carried by…

1Opinion of the Court

MITCHELL, J.1

Plaintiffis brought this action to recover the value of a sample trunk and contents alleged to have been delivered to the defendant as a common carrier to be transported on one of its passenger trains as the baggage of one of their traveling salesmen, and lost through its negligence.

The following facts are admitted by the pleadings: That plaintiffs are a manufacturing and jobbing firm engaged in the business of manufacturing and selling at wholesale furs and other merchandise; that for more than five years-they had been employing traveling salesmen, who were accustomed to travel…

2Cases cited1 opinion

  1. Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899

3Cited by6 opinions

  1. McKibbin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
  2. Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
  3. Ferris v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1919
  4. Taylor v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1907
  5. Conheim v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1908

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API