Chicago, Milwaukee & St. Paul Railway Co. v. Kelm
Supreme Court of Minnesota
Action in the district court for Washington county to recover $69.95, charges due plaintiff upon shipments of hay to Stillwater in that county. The answer set up a counterclaim for damage caused by fire and water to a carload of hay after its arrival at Stillwater and while in plaintiff’s possession, and an agreement with plaintiff by which defendant was to sell the damaged hay and credit proceeds of the sale upon defendant’s claim against plaintiff.
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Action in the district court for Washington county to recover $69.95, charges due plaintiff upon shipments of hay to Stillwater in that county. The answer set up a counterclaim for damage caused by fire and water to a carload of hay after its arrival at Stillwater and while in plaintiff’s possession, and an agreement with plaintiff by which defendant was to sell the damaged hay and credit proceeds of the sale upon defendant’s claim against plaintiff. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment…
1Opinion of the Court
Taylor, C.
Plaintiff brought suit to recover its freight charges for transporting two carloads of hay for defendant in the year 1911. Defendant admitted plaintiff’s cause of action, and interposed a counterclaim for damages to a carload of hay shipped by him in the year 1910. The-trial court found that defendant was not entitled to recover upon his-counterclaim, and rendered judgment in favor of plaintiff for its. freight charges. Defendant appealed from the judgment, and contends that the trial court erred in not allowing the counterclaim.
The facts stated briefly are as follows: Plaintiff has…
2Cases cited15 opinions
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- South & North Ala. Railroad v. WoodSupreme Court of Alabama · 1880
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. NashIndiana Supreme Court · 1873
- Arthur v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1887
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3Cited by5 opinions
- Brown-Crummer Inv. Co. v. PaulterCourt of Appeals for the Tenth Circuit · 1934
- Anthony & Jones Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1918
- Cedar Rapids Fuel Co. v. Illinois Central RailroadSupreme Court of Iowa · 1916
- Harry H. Winer v. United StatesCourt of Appeals for the Sixth Circuit · 1956
- Harry H. Winer v. United StatesCourt of Appeals for the Sixth Circuit · 1956