Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by defendant from, an order of the district court for Ramsey county, refusing a new trial, after a trial before Brill, J., and a jury, resulting in a verdict for §400 in favor of plaintiffs. Tbe carrier of live-stock is not subject to tbe stringent common-law liability of an ordinary common carrier.
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Appeal by defendant from, an order of the district court for Ramsey county, refusing a new trial, after a trial before Brill, J., and a jury, resulting in a verdict for §400 in favor of plaintiffs. Tbe carrier of live-stock is not subject to tbe stringent common-law liability of an ordinary common carrier. Hutchinson on Carriers, §§ 217-240; Michigan South., etc., R. Co. v. McDonough, 21 Mich. 165; Lake Shore, etc., R. Co. v. Perkins, 25 Mich. 329. The contract limiting defendant’s liability is valid. South, etc., R. Co. v. Henlein, 52 Ala. 606; Christensen v. Am. Exp. Co., 15 Minn. 208,…
1Opinion of the CourtDickinson, J.
The plaintiffs shipped two car-loads of horses at St. Paul, over defendant’s line of road, to points in Dakota. Two of the horses died by reason of prolonged exposure to cold weather, as is. claimed, caused by defendant’s negligent detention of the train during transportation. The action is for the recovery of the value of these two horses, which appears to have been §200 each. For the purposes of this appeal, we are to consider the negligence of the defendant as established, and are to determine whether the defendant is liable for its negligence, and tbe measure or extant of its liability…
2Cases cited9 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Shriver v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1878
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
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3Cited by41 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
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