Great W. Grain Co. v. Chi., M. & St. P. Ry. Co., 24529.

Citation163 Minn. 371,204 N.W. 47
Decision Date05 June 1925
Docket NumberNo. 24529.,24529.
CourtSupreme Court of Minnesota (US)
PartiesGREAT WESTERN GRAIN CO. v. CHICAGO, M. & ST. P. RY. CO.

163 Minn. 371
204 N.W. 47

GREAT WESTERN GRAIN CO.
v.
CHICAGO, M. & ST. P. RY. CO.

No. 24529.

Supreme Court of Minnesota.

June 5, 1925.


Appeal from Municipal Court, Hennepin County; C. L. Smith, Judge.

Action by the Great Western Grain Company against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.


Syllabus by the Court

Under section 5046, G. S. 1923, the certificate of the state weighmaster is prima facie evidence of the facts stated therein.

Section 4865, G. S. 1923, is merely declaratory of the general rule that a bill of lading is prima facie evidence of the receipt by the carrier of the goods described therein, and in this respect the statute is applicable to interstate as well as intrastate shipments.

In an action to recover the value of wheat alleged to have been lost in transit, plaintiff made a prima facie case by introducing in evidence the bill of lading, the weighmaster's certificate, and proof of the market price of the wheat.

The evidence supports the finding that the defendant received the quantity of wheat mentioned in the bill of lading and delivered only the quantity mentioned in the weighmaster's certificate.


[204 N.W. 48]

F. W. Root, C. O. Newcomb, and A. C. Erdall, all of Minneapolis, for appellant.

Harold G. Simpson, of Minneapolis, for respondent.


LEES, C.

On August 18, 1920, at Ashton, S. D., defendant received from plaintiff a carload of wheat for transportation to Minneapolis. It issued a straight bill of lading in the standard form approved by the Interstate Commerce Commission, in which plaintiff was named as both shipper and consignee, and the shipment described as follows:

‘P. R. R. car No. 40292, bulk wheat loaded full viz cap'y. Weight subject to correction 91020.’

On August 20th the car arrived at the Bass Lake yards in Minneapolis, where a state sampler went into it and took a probe sample. He found a high load, that is, the grain was at least six feet in depth. He also found a leak through one of the grain doors, which he characterized as a minor one. It appears to be conceded that, if the grain was over six feet in depth, the car must have contained approximately 91,020 pounds. On August 23d the car was unloaded at the Washburn-Crosby Company's mill and the wheat weighed. Its weight was 73,450 pounds, or 17,570 pounds less than the amount stated in the bill of lading. This action was brought to recover for the alleged shortage, and resulted in a judgment in plaintiff's...

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