St. Anthony & Dakota Elevator Co. v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $347.-23. The answer, among other matters, alleged that the weights of the grain shipped under the bills of lading mentioned in the opinion when inserted therein were inserted “weights subject to correction” and were inserted by plaintiff or at its dictation and without any knowledge by defendant of the actual weights of the grain so delivered.
Read the full summary
Action in the district court for Hennepin county to recover $347.-23. The answer, among other matters, alleged that the weights of the grain shipped under the bills of lading mentioned in the opinion when inserted therein were inserted “weights subject to correction” and were inserted by plaintiff or at its dictation and without any knowledge by defendant of the actual weights of the grain so delivered. The case was tried before Bardwell, J., and a jury which returned verdicts upon the three causes of action aggregating $301.06. From an order denying its motion for judgment in its favor…
1Opinion of the Court
Taylor, C.
Plaintiff shipped three carloads of grain over defendant’s railway from stations in North Dakota to terminal points in Minnesota. When the grain arrived at the place of delivery it was inspected and weighed by the proper state officials, and the quantity then in the cars was found to be less than the quantity loaded therein as shown by the bills of lading. Plaintiff brought this suit to recover for the shortage and obtained a verdict. Defendant thereafter made an alternative motion for judgment notwithstanding the verdict or for a new trial. This motion was denied and defendant…
2Cases cited2 opinions
- Healy v. HoySupreme Court of Minnesota · 1911
- United States v. McCoySupreme Court of the United States · 1904
3Cited by1 opinion
- O'Laughlin v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1923