Bibb Broom Corn Co. v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis, to recover $500 for the loss of a carload of broom corn while in transit over the railway of defendant company. The defense was that the damage was caused by an act of God. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiff for $412.20. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the municipal court of Minneapolis, to recover $500 for the loss of a carload of broom corn while in transit over the railway of defendant company. The defense was that the damage was caused by an act of God. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiff for $412.20. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The negligent delay of defendant in forwarding plaintiff’s goods, but for which such goods would not have been damaged, does not as a matter of law create…
1Opinion of the CourtBrown, J.
The facts in this case are as follows: On or about May 12, 1903, plaintiff delivered to defendant at Stafford, Kansas, a carload of broom corn, to be transported to Minneapolis, this state. The route of transportation was by way of Kansas City, and defendant was to forward the car at that point, the terminus of its line, over the Chicago Great Western Road. The car reached the freightyards of defendant at Kansas City on May 23, but defendant wholly failed and neglected to send it forward or notify the Chicago Great Western Company of its arrival, though the evidence tends to show that…
2Cases cited14 opinions
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Wald v. Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co.Illinois Supreme Court · 1896
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. . SpauldingNew York Court of Appeals · 1864
- Missouri, Kansas & Texas Railway Co. v. McFadden Bros.Texas Supreme Court · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- The IndrapuraDistrict Court, D. Oregon · 1909
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Bergquist v. KreidlerSupreme Court of Minnesota · 1924
17 more not listed; retrieve them via the Exa API.