Legal Opinion

Mulrooney, Ryan & Clark Co. v. Western Transit Co.

Supreme Court of Minnesota

Decided July 26, 1907No. Nos. 15,212—(190)Published

Action in the district court for Hennepin county to recover $1,678.--75 damages for injury to three hundred seventy five boxes of lemons. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for the sum of $1,024.81. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtBrown, J.

The facts in this case are as follows: On June 9, 1906, one Thorn,, acting as agent for the plaintiff, a corporation doing business in the city of St. Paul, delivered to the Western Transit Company, defendant, at the city of New York, three hundred seventy five boxes of lemons, the property of plaintiff, to be transported by it to St. Paul and there delivered to plaintiff. At the time the lemons were delivered, to defendant at New York they were in good, sound condition, but when they reached Duluth, the end of defendant’s transportation route, were found badly injured and damaged. Plaintiff…

2Cases cited6 opinions

  1. Westcott v. . FargoNew York Court of Appeals · 1875
  2. Bermel v. . New York, New Haven and Hartford Railroad Co.New York Court of Appeals · 1902
  3. Atchison, Topeka & Santa Fe Railway Co. v. GrantCourt of Appeals of Texas · 1894
  4. Baltimore & O. R. Co. v. DoyleCourt of Appeals for the Third Circuit · 1906
  5. Engesether v. Great Northern Railway Co.Supreme Court of Minnesota · 1896

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