Powers Mercantile Co. v. Wells-Fargo & Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial, after a trial and findings and order for judgment in favor of plaintiff for $1,219.50.
1Opinion of the CourtLovely, J.
This action is to recover the value‘of eleven packages of silk shirt waists which were being- forwarded from Chicago to plaintiff at Minneapolis by defendant express company on a train of the Chicago Great Western Railway conveying passengers and express. The train on which defendant was transporting the'packages was derailed, and the' property burned, at Freeport, Illinois, on January 22, 1903. The defense is that the loss was through no negligence of defendant, but, if so, that under a contract with the shipper, as agent of plaintiff, an agreed limitation upon its liability restricted the…
2Cases cited8 opinions
- Preston v. PratherSupreme Court of the United States · 1891
- Merchants' Despatch Transportation Co. v. JœstingIllinois Supreme Court · 1878
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Adams Express Co. v. HaynesIllinois Supreme Court · 1866
- Adams Express Co. v. StettanersIllinois Supreme Court · 1871
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3Cited by4 opinions
- Berger-Crittenden Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Porteous v. Adams Express Co.Supreme Court of Minnesota · 1910
- Mosteller v. HolbornSouth Dakota Supreme Court · 1908
- United Artists Corp. v. Puget Sound Electric RailwayWashington Supreme Court · 1922