Carbic Manufacturing Co. v. Western Express Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,100 for the loss of 25 carbic lights by defendant. The answer alleged that under the terms of the bill of lading claims for loss must be made in writing to the originating or delivering carrier within four months and that no such claim having been made defendant was released from all liability of any sort. The case was tried before Dancer, J., who made findings and dismissed the action on the merits.
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Action in the district court for St. Louis county to recover $1,100 for the loss of 25 carbic lights by defendant. The answer alleged that under the terms of the bill of lading claims for loss must be made in writing to the originating or delivering carrier within four months and that no such claim having been made defendant was released from all liability of any sort. The case was tried before Dancer, J., who made findings and dismissed the action on the merits. From the judgment dismissing the action, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Plaintiff appeals from a judgment for defendant. Plaintiff sued for the value of 25 carbic lights delivered to defendant at Duluth, Minnesota, to be transported to Dover, New Jersey, which were lost in transit and never delivered. ' The shipment was made under a bill of lading known as the uniform express receipt which provided that, as a condition precedent to recovery, claims for loss or damage “must he made-in writing to the originating or delivering carrier within íout months after delivery -of the property or, in case of failure to make delivery, within four months after a…
2Cases cited24 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- Texas & Pacific Railway Co. v. LeatherwoodSupreme Court of the United States · 1919
- Southern Pacific R. Co. v. StewartSupreme Court of the United States · 1919
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3Cited by7 opinions
- Henningsen Produce Co. v. American Railway Express Co.Supreme Court of Minnesota · 1922
- Allen v. Davis, Dir. Gen'lSupreme Court of South Carolina · 1923
- Standard Oil Co. v. EnebakSupreme Court of Minnesota · 1928
- A.A. Metcalf Moving & Storage Co. v. North St. Paul-Maplewood-Oakdale SchoolsCourt of Appeals of Minnesota · 1998
- Benson v. DavisSupreme Court of Minnesota · 1923
2 more not listed; retrieve them via the Exa API.