Shriver v. Sioux City & St. Paul Railroad
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Nobles county, Dickinson, J., presiding. The court erred in allowing the witness Brown to state that, in his opinion, the marble slabs were properly packed, (Enright v. R. Go. 33 Cal. 230; Mulay v. Ins. Go. 2 Gray, 541; Mulclowney v. III. Gent. R. Co. 36 Iowa, 462; Keller y. N. Y. Gent. R. Go. 2 Abb. 480; Oakes v. Weston, 45 Yt. 430; Crane y.
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Appeal by defendant from a judgment of the district court for Nobles county, Dickinson, J., presiding. The court erred in allowing the witness Brown to state that, in his opinion, the marble slabs were properly packed, (Enright v. R. Go. 33 Cal. 230; Mulay v. Ins. Go. 2 Gray, 541; Mulclowney v. III. Gent. R. Co. 36 Iowa, 462; Keller y. N. Y. Gent. R. Go. 2 Abb. 480; Oakes v. Weston, 45 Yt. 430; Crane y. Nortlifielcl, 33 Yt. 124; Eaton v. Woolly, 28 Wis. 628;) in charging the jury that the contract between the parties could not be allowed to absolve the defendant from the consequences of its…
1Opinion of the Court
Gilfillan, O. J.
At Tiffin, Ohio, the plaintiff shipped with the Baltimore & Ohio Eailroad Company two marble slabs, packed in a close box, consigned to herself at Worthington, in this state, and upon the requirement of the company executed an agreement releasing the company, and each and every other company over whose line the goods might pass to their destinatic n, from any and all damages that might arise from certain specified causes, and “from any cause not arising from gross negligence of the said company or companies, its or their officers or agents.” The slabs passed to their…
2Cases cited5 opinions
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Whitesides v. RussellSupreme Court of Pennsylvania · 1844
- Sager v. Portsmouth, S. & P. & E. Rail RoadSupreme Judicial Court of Maine · 1850
- Kallman v. United States Express Co.Supreme Court of Kansas · 1865
3Cited by33 opinions
- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Alair v. Northern Pacific RailroadSupreme Court of Minnesota · 1893
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
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