Thomas v. Northern Pacific Express Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $197.65, the value of certain fish delivered by plaintiff to defendant for transportation, which defendant had failed to deliver to the consignees. The case was tried before Holt, J., without a jury, who ordered judgment in favor of plaintiff for $147.83. From an order denying defendant’s motion for a new trial, defendant appealed.
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Action in the municipal court of Minneapolis to recover $197.65, the value of certain fish delivered by plaintiff to defendant for transportation, which defendant had failed to deliver to the consignees. The case was tried before Holt, J., without a jury, who ordered judgment in favor of plaintiff for $147.83. From an order denying defendant’s motion for a new trial, defendant appealed. Conceding that some of the fish had been legally caught, plaintiff had mixed them with those illegally caught, and all were tainted by the illegality and were subject to seizure, for it was impossible to…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for the failure of the defendant to deliver to the consignees several small consignments or shipments of fish which plaintiff had delivered to the defendant, as a common carrier, for transportation and delivery to the consignees.
The substance of thq defense was that the fish had been caught in the state of Minnesota with nets, contrary to law, and consequently still belonged to the state; and that they were taken from the possession of the defendant by the state through its agent, the game warden. In short, the defendant justified its nondelivery to…
2Cases cited2 opinions
- The "Idaho."Supreme Court of the United States · 1877
- State v. RodmanSupreme Court of Minnesota · 1894
3Cited by12 opinions
- Eager v. Jonesboro, Lake City & Eastern Express Co.Supreme Court of Arkansas · 1912
- Banik v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
- Merz v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1902
- Blackorby v. FriendSupreme Court of Minnesota · 1916
- Linden v. McCormickSupreme Court of Minnesota · 1903
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