Legal Opinion

Gamble-Robinson Commission Co. v. Northern Pacific Railway Co.

Supreme Court of Minnesota

Decided July 19, 1912No. Nos. 17,668—(198)PublishedCited by 3 opinions

Action in the municipal court of Minneapolis to recover $414.79 damages to a carload of apples, caused by negligent delay in shipment.

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Action in the municipal court of Minneapolis to recover $414.79 damages to a carload of apples, caused by negligent delay in shipment. The answer admitted that defendant received a carload of apples for transportation to Aitkin; alleged that the car was received from a connecting carrier, the Minneapolis & St. Louis Railway Company, and that defendant promptly and carefully transported the apples' to their destination; denied that the apples whthe in defendant’s possession and under its control became frozen or that they were in any way damaged. The case was tried before Charles L. Smith, J.,…

1Opinion of the Court

Bbown, J .

Action to recover damages for injuries to a car of apples shipped over defendant’s road from Minneapolis to Aitkin, this state, which plaintiff alleges wqre frozen in transit by reason of the negligent delay of defendant in forwarding the same. The action was tried below without a jury, and judgment awarded to plaintiff, from which defendant appealed.

It appears from the record and findings of the trial court that the apples were shipped under and pursuant to a contract as embodied in the bill of lading issued by defendant and delivered to plaintiff at the time. The bill of lading…

2Cases cited2 opinions

  1. Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
  2. Banks v. Pennsylvania RailroadSupreme Court of Minnesota · 1910

3Cited by3 opinions

  1. Carbic Manufacturing Co. v. Western Express Co.Supreme Court of Minnesota · 1921
  2. Abramovitz v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1916
  3. Shama v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1915

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