B. Presley Co. v. Illinois Central Railroad
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $287.70 damages to a carload of strawberries alleged to have been negligently-delayed in transportation, and because defendant did not exercise due care for the preservation of the berries while in transit.
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Action in the municipal court of St. Paul to recover $287.70 damages to a carload of strawberries alleged to have been negligently-delayed in transportation, and because defendant did not exercise due care for the preservation of the berries while in transit. The answer alleged that the berries were accepted for transportation at a reduced rate under a bill of lading, by the terms of which claims for damage or delay must be made in writing to the carrier within four months after delivery of the property; that the bill of lading was executed in the state of Louisiana and under the laws of that…
1Opinion of the CourtHallam, J.
This action is brought to recover damages from negligent transportation of half a carload of strawberries, shipped April 20, 1909, from Independence, Louisiana, to St. Paul. There was no delay in transportation, and the damages are claimed to have been caused by heat, due to insufficient icing of the cars. The jury found for plaintiff. Defendant appeals.
It is admitted that, when the berries arrived in St. Paul, they were moldy and soft. Appellant contends there is no evidence sufficient to sustain a finding that this condition was caused by negligent transportation. It is conceded that…
2Cases cited4 opinions
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Hatch v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1906
- Hinton v. Eastern Railway Co.Supreme Court of Minnesota · 1898
- Armstrong v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
3Cited by6 opinions
- Wylie v. BushnellIllinois Supreme Court · 1917
- Abramovitz v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
- Haley & Lang Co. v. VecchioSouth Dakota Supreme Court · 1915
- Jardine, Matheson & Co. v. United StatesDistrict Court, W.D. Washington · 1924
- Krueger v. City of FaribaultSupreme Court of Minnesota · 1945
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