Presley Fruit Co. v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $674 for injury to a carload of strawberries. The case was tried before Kelly, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $561.-52. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was denied, unless plaintiff consented to a reduction of the verdict- by the sum of $32.64. From the order…
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Action in the district court for Ramsey county to recover $674 for injury to a carload of strawberries. The case was tried before Kelly, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $561.-52. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was denied, unless plaintiff consented to a reduction of the verdict- by the sum of $32.64. From the order denying its motion for judgment notwithstanding the verdict and denying its motion for a new trial provided plaintiff…
1Opinion of the CourtHallam, J.
This action is brought to recover damages claimed to have been suffered by reason of the negligence of defendant in carrying a carload of strawberries from Bald Knob, Arkansas, to St. Paul, Minnesota, in May, 1913. Plaintiff had a verdict. Defendant appeals.
1. Defendant is a common carrier. The general rule is that a common carrier is an insurer of the safe delivery at destination of goods committed to it for transportation, and it is liable for their loss in transit, whether the loss results from its fault or negligence or not. The Maggie Hammond, 9 Wall. 435, 19 L. ed. 772; Agnew v. Steamer…
2Cases cited21 opinions
- The Maggie HammondSupreme Court of the United States · 1870
- First National Bank v. HolanSupreme Court of Minnesota · 1896
- Fockens v. United States Express Co.Supreme Court of Minnesota · 1906
- Freeman v. KraemerSupreme Court of Minnesota · 1895
- Ames v. Cannon River Manufacturing Co.Supreme Court of Minnesota · 1880
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3Cited by10 opinions
- Lestico v. KuehnerSupreme Court of Minnesota · 1938
- Perkel v. Pennsylvania RailroadCity of New York Municipal Court · 1933
- George B. Higgins & Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1917
- State v. TaranSupreme Court of Minnesota · 1929
- Louis F. Dow Co. v. BittnerSupreme Court of Minnesota · 1932
5 more not listed; retrieve them via the Exa API.