State Elevator Co. v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis upon five causes of action to recover $500 and a penalty of $25 under G-. S. 1913, §§ 4314, 4315 and 4316 on each cause of action. The case was tried before Bardwell, J., and a jury which returned a verdict for $184.63 upon the third cause of action, and $168.07 upon the fifth cause of action.
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Action in the municipal court of Minneapolis upon five causes of action to recover $500 and a penalty of $25 under G-. S. 1913, §§ 4314, 4315 and 4316 on each cause of action. The case was tried before Bardwell, J., and a jury which returned a verdict for $184.63 upon the third cause of action, and $168.07 upon the fifth cause of action. From an order denying its motion for judgment notwithstanding the verdict or for a new trial in the third and fifth causes of action, defendant appealed.
1Opinion of the CourtHallam, J.
This action was brought to recover for loss of part of two carloads of wheat in transit from New Germany, Minnesota, to Minneapolis, Minnesota. Plaintiff showed the quantity of wheat unloaded in Minneapolis. As to this amount no question is raised. It then undertook to show that the quantity loaded at New Germany was substantially more, and in that manner arrived at the amount of the loss. Defendant makes two contentions.
1. It is contended that there is no competent.evidence of the amount loaded at New Germany. The evidence of plaintiff on this point is that of its agent Kempen. Defendant…
2Cases cited5 opinions
- Glassberg v. OlsonSupreme Court of Minnesota · 1903
- Philips v. MoSupreme Court of Minnesota · 1904
- Clarke v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Minnesota · 1904
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Humphrey v. Monida & Yellowstone Stage Co.Supreme Court of Minnesota · 1911
3Cited by5 opinions
- Sullivan v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1924
- Farmers Merchants nat.bank of Ivanhoe v. PrzymusSupreme Court of Minnesota · 1924
- Lorberbaum v. ChristopherSupreme Court of Minnesota · 1936
- National Elevator Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1919
- State v. LynchSupreme Court of Minnesota · 1934