E. L. Welch Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $1,378.60 for the conversion of a carload of oats. The amended answer set up as a defense the provision in the uniform bill of lading, under which the shipment was. made, that “claims for loss, damage or delay, must be made in writing to the carrier at point of delivery, or at point of origin, within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a…
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Action in the district court for Hennepin county to recover $1,378.60 for the conversion of a carload of oats. The amended answer set up as a defense the provision in the uniform bill of lading, under which the shipment was. made, that “claims for loss, damage or delay, must be made in writing to the carrier at point of delivery, or at point of origin, within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapised. Unless claims are so made the carrier shall not be liable,” and alleged that…
1Opinion of the Court
Pee Cubiam..On February 27, 1915, the Farmers’ Co-operative Society shipped a car of oats from Alpha, Minnesota, over the defendant’s line of railroad, under the usual uniform bill of lading, consigned to plaintiff at Minneapolis. The bill of lading contained the usual four months’ limitation provision for making claim for loss in ease the carrier failed to deliver the shipment. Plaintiff was a commission merchant at Minneapolis, received the bill of lading and paid the shipper for the oats in the usual course of business. The defendant failed to deliver the shipment. No claim for los|s was…
2Cases cited4 opinions
- Ferris v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1919
- Robinson v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Shama v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1915
- Naumen v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
3Cited by3 opinions
- State Ex Rel. Inter-State Iron Co. v. ArmsonSupreme Court of Minnesota · 1926
- Pillsbury Flour Mills Co. v. Lake Superior Consolidated Iron MinesSupreme Court of Minnesota · 1929
- Belle Cheney Springs Land & Development Co. v. Belle Cheney Sand & Gravel Co.Louisiana Court of Appeal · 1936