Legal Opinion

Townsend v. Rich

Supreme Court of Minnesota

Decided October 26, 1894No. 9118PublishedCited by 5 opinions

Appeal by defendant, Samuel M. Rich, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made March 19, 1894, denying his motion for a new trial. The defendant was in the cold-storage business at Minneapolis having his warehouse on Nicollet Island.

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Appeal by defendant, Samuel M. Rich, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made March 19, 1894, denying his motion for a new trial. The defendant was in the cold-storage business at Minneapolis having his warehouse on Nicollet Island. The plaintiff, William Townsend of Lapeer, Mich., in November, 1888, delivered to him 1,656 barrels (eleven cars) of Michigan apples to be stored until March and April, 1889, and agreed to pay him therefor ten cents per barrel per month. Plaintiff alleges that defendant kept the .storeroom so warm and damp that mould…

1Opinion of the CourtMitchell, J.

The sole issue in this case was whether the defendant was guilty of actionable negligence in the care of a quantity of apples which plaintiff had intrusted to him to be kept in cold storage, and the only question of any importance on this appeal is whether the evidence justified the verdict in favor of the plaintiff.

An examination of the record satisfies us that the evidence made *560a case for the jury. We think there was evidence from which the jury were justified in finding that the defendant was negligent in not supplying the storage room with proper ventilation by opening the ventilators in…

2Cases cited1 opinion

  1. Thompson v. DodgeSupreme Court of Minnesota · 1894

3Cited by5 opinions

  1. F-M Potatoes, Inc. v. SudaNorth Dakota Supreme Court · 1977
  2. Thompson v. DodgeSupreme Court of Minnesota · 1894
  3. The PrussiaDistrict Court, E.D. New York · 1898
  4. Cargill Grain Co. v. Cleveland-Cliffs Steamship Co.Supreme Court of Minnesota · 1931
  5. Rudell v. Grand Rapids Cold-Storage Co.Michigan Supreme Court · 1904

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