Legal Opinion

Minnesota Butter & Cheese Co. v. St. Paul Cold-Storage Warehouse Co.

Supreme Court of Minnesota

Decided February 1, 1899No. Nos. 11,459—(252)PublishedCited by 9 opinions

Action in the district court for Eamsey county to recover damages caused by defendant’s negligence in failing properly to keep cheese delivered to it for storage. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $1,750. From an order denying a motion for a new trial, defendant appealed.

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Action in the district court for Eamsey county to recover damages caused by defendant’s negligence in failing properly to keep cheese delivered to it for storage. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $1,750. From an order denying a motion for a new trial, defendant appealed. A mere bailee for hire, who is not a common carrier, is under no obligation to receive goods for bailment, and may make any contract he sees fit in reference to the liability assumed. Schouler, Bailm. (3d Ed.) §§ 103, 106; Edwards, Bailm. (3d Ed.) § 333;…

1Opinion of the CourtBuck, J.

The plaintiff brought this action to recover of the defendant damages which it alleged it had suffered by reason of the negligent acts of the defendant in caring for a large quantity of cheese which plaintiff had consigned to the defendant to store and preserve for future sales. The cheese was delivered in wooden boxes, in good condition, and placed in defendant’s warehouse, where it was to be *447kept in a dry room at a temperature of about 32 degrees above zero, and kept at suck low temperature by overhead pipes filled with brine. Upon the brinepipes ice and frost formed at a low temperature,…

2Cited by9 opinions

  1. Northwestern Mutual Fire Ass'n v. Pacific Wharf & Storage Co.California Supreme Court · 1921
  2. Langford v. NevinTexas Supreme Court · 1927
  3. Brace v. Salem Cold Storage, Inc.West Virginia Supreme Court · 1961
  4. Omni Aviation Managers, Inc. v. BuckleyNew Mexico Supreme Court · 1982
  5. Denver Public Warehouse Co. v. MungerColorado Court of Appeals · 1904

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