Legal Opinion

Jungclaus v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided September 14, 1906No. Nos. 14,782—(118)Published

Action in the district court for Wright county to recover $1,548.66 for failure to deliver certain goods. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of the plaintiff for the sum demanded. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Per curiam

Plaintiffs and respondents brought an action against defendant and appellant to recover $1,548.66, as damages for its failure as a common carrier, through its negligence, to deliver certain goods which were destroyed by fire in defendant’s warehouse at the place of destination. Defendant set up three defenses, in substance as follows: (1) A general denial. (2) That the shipments, if made, were under a special contract providing that defendant should not be liable on account of- any loss caused by fire not due to fault or negligence of the carrier, and that defendant had not been at fault nor…

2Cases cited1 opinion

  1. Kolbe v. BoyleSupreme Court of Minnesota · 1906

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