Legal Opinion

Arthur v. St. Paul & Duluth Railroad

Supreme Court of Minnesota

Decided December 28, 1887PublishedCited by 11 opinions

Plaintiffs brought this action in the district court for St. Louis county to recover the value of wheat alleged to have been destroyed while in the hands of the defendant as a common carrier. The answer alleged that the defendant had delivered the wheat before its destruction, and asked judgment for the unpaid freight.

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Plaintiffs brought this action in the district court for St. Louis county to recover the value of wheat alleged to have been destroyed while in the hands of the defendant as a common carrier. The answer alleged that the defendant had delivered the wheat before its destruction, and asked judgment for the unpaid freight. The action was submitted, upon an agreed statement of .facts, to Stearns, J., who-ordered judgment for plaintiffs, from which the defendant appeals. cited Derosia v. Winona & St. Peter R. Co., 18 Minn. 119, (133;) Pinney v. First Div., etc., R. Co., 19 Minn. 211, 251.

1Opinion of the CourtMitchell, J.

In order to a full understanding of the facts, it is necessary first to refer to some of the provisions of chapter 144, Laws 1885, commonly known as the “Public-Warehouse Act.” This act declares all elevators or warehouses in Duluth, in which grain is stored in bulk, and in which the grain of different owners is mixed, and doing business for compensation, to be public warehouses, and places them under the general supervision of the board of railroad and warehouse commissioners. The owner is required to obtain a license from this board, and give to the state bonds, with approved sureties, for…

2Cited by11 opinions

  1. Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
  2. Southard v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
  3. Southern Grocery Co. v. BushSupreme Court of Arkansas · 1917
  4. Red River Cotton Oil Co. v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1949
  5. Chicago, Milwaukee & St. Paul Railway Co. v. KelmSupreme Court of Minnesota · 1913

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