Stevenot v. Eastern Railway Co.
Supreme Court of Minnesota
Appeal by Eastern Railway Company of Minnesota, garnishee, from a judgment of the municipal court of St. Paul, in favor of plaintiff and against the garnishee for $31.68, entered in pursuance ■of an order for judgment by Orr, J. The possession which a common carrier, as such, has of goods in transit is not sufficient to make the carrier liable as garnishee.
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Appeal by Eastern Railway Company of Minnesota, garnishee, from a judgment of the municipal court of St. Paul, in favor of plaintiff and against the garnishee for $31.68, entered in pursuance ■of an order for judgment by Orr, J. The possession which a common carrier, as such, has of goods in transit is not sufficient to make the carrier liable as garnishee. Illinois C. R. Co. v. Cobb, 48 111. 402; Bates v. Chicago, M. & St. P. R. Co., 60 Wis. 296,19 N. W. 72. See Staniels v. Raymond, 4 Cush. 314; Cooley v. Minnesota Trans. R. Co., 53 Minn. 327, 55 N. W. 141; Western Railroad v. Thornton, 60…
1Opinion of the CourtMitchell, J.
It appears that the property for which the plaintiff seeks to hold the garnishee liable was, at the time of the service of the summons, in the possession of the garnishee, merely as common carrier,foj transportation from St. Paul, in this state, to West' Superior, Wisconsin, the place of consignment; that the car in which the property was formed a part of a regular train operated’an transporting freight between the places named; that the train was already made up, and was standing on a siding in St. Paul, ready to start for Superior; that thereafter the property was transported to West…
2Cases cited4 opinions
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Adams v. ScottMassachusetts Supreme Judicial Court · 1870
- Illinois Central Railroad v. CobbIllinois Supreme Court · 1868
- Cooley v. Minnesota Transfer Railway Co.Supreme Court of Minnesota · 1893
3Cited by8 opinions
- Henderson v. Northwest Airlines, Inc.Supreme Court of Minnesota · 1950
- Rosenbush v. BernheimerMassachusetts Supreme Judicial Court · 1912
- Connery v. Quincy, Omaha & Kansas City RailroadSupreme Court of Minnesota · 1904
- Merz v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1902
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
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