Kirk v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Minnesota
Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Railway Company, from an order of the District Court of Pipestone County, Frances Cadwell, J., made July 3, 1894, denying its motion for a new trial. If the strict liability of the defendant as a common carrier had not, as a matter of law, expired before these goods were stolen, it was at least a question for the jury whether or not it had so expired.
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Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Railway Company, from an order of the District Court of Pipestone County, Frances Cadwell, J., made July 3, 1894, denying its motion for a new trial. If the strict liability of the defendant as a common carrier had not, as a matter of law, expired before these goods were stolen, it was at least a question for the jury whether or not it had so expired. No negligence on the part of the company is shown and none claimed. The company could use a car for a warehouse as well as a building. Derosia v. Winona Jc St. Peter E. Co., 18 Minn.…
1Opinion of the CourtMitchell, J.
This action was brought to recover the value of certain goods delivered by plaintiff to defendant, a common carrier, for transportation, and which were stolen while in defendant’s pos*163session. Both the place of shipment and the place of destination were on defendant’s road. The goods were contained in a box, and weighed 75 pounds, and were of the value of about $70. The plaintiff shipped the goods consigned to himself. He did not reside, nor had he an agent, at the place of consignment, and his residence was unknown to the defendant. The car containing the box arrived at the place of…
2Cases cited3 opinions
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
- Pinney v. First Division of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1872
- Arthur v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1887
3Cited by5 opinions
- Rustad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- State ex rel. Klotter v. Police Board of New OrleansSupreme Court of Louisiana · 1899
- Normile v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Chicago, Milwaukee & St. Paul Railway Co. v. KelmSupreme Court of Minnesota · 1913
- Beaumont v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1909