Carpenter v. United States Express Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $400, value of property lost while in possession of defendant carrier.
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Action in the district court for Hennepin county to recover $400, value of property lost while in possession of defendant carrier. The answer alleged that the shipment was under a certain contract embodied in the receipt given to and accepted by the shipper; that one of the conditions of such contract was that “the liability of this company is limited to $50, unless a greater value is stated in this receipt, and ceases on delivery of property at the nearest point of destination it can carry same.” The reply admitted that defendant gave the representative of the hotel a paper, referred to in…
1Opinion of the CourtHolt, J.
The judgment appealed from was entered upon findings of fact after trial to the court, and involves the right of plaintiff to recover from the defendant, an express company, for goods lost in transit, any more than the limited amount stated in the shipping receipt issued by defendant when the goods were delivered to it.
Plaintiff resides in Minneapolis, Minnesota, and on February 20, 1907, while stopping at a hotel in New York City, gave valuable furs done up in paper boxes to a valet in the hotel, with instructions to send by express to Minneapolis. The valet took the boxes to a porter in the…
2Cases cited25 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Greenwald v. . BarrettNew York Court of Appeals · 1910
- Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
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3Cited by1 opinion
- Schaefer, Inc. v. Minneapolis, Northfield & Southern Railway Co.Supreme Court of Minnesota · 1959