Beltrami Co-Operative Creamery Ass'n v. American Railway Express Co.

Action to recover the value of a shipment of butter lost in transit between Beltrami, Minnesota, and New York City. After trial by the court, there were findings for plaintiff and an order for judgment accordingly. From the denial of its motion for a new trial, defendant appeals.

The shipment was made under an express receipt reading in part as follows:

“Except where the loss, damage, or injury complained of is due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, as conditions precedent to recovery claims must be made in writing to the…