Minnesota B. & C. Co. v. St. Paul C.-S. W. Co.

• Court: Minnesota Supreme Court
• Writing for the Court: Buck
• Citation: Minnesota B. & C. Co. v. St. Paul C.-S. W. Co., 75 Minn. 445 (Minn. 1899)
• Decision Date: 01 February 1899
• Docket Number: Nos. 11,459-(252).,s. 11,459-(252).
• Parties: MINNESOTA BUTTER & CHEESE COMPANY v. ST. PAUL COLD-STORAGE WAREHOUSE COMPANY.

75 Minn. 445

MINNESOTA BUTTER & CHEESE COMPANY v. ST. PAUL COLD-STORAGE WAREHOUSE COMPANY.

Nos. 11,459-(252).

Supreme Court of Minnesota.

February 1, 1899.

Action in the district court for Ramsey county to recover damages caused by defendant's negligence in failing properly to keep cheese delivered to it for storage. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $1,750. From an order denying a motion for a new trial, defendant appealed. Affirmed.

Clapp & Macartney, for appellant.

Stevens, O'Brien, Cole & Albrecht, for respondent.

BUCK, J.

The plaintiff brought this action to recover of the defendant damages which it alleged it had suffered by reason of the negligent acts of the defendant in caring for a large quantity of cheese which plaintiff had consigned to the defendant to store and preserve for future sales. The cheese was delivered in wooden boxes, in good condition, and placed in defendant's warehouse, where it was to be kept in a dry room at a temperature of about 32 degrees above zero, and kept at such low temperature by overhead pipes filled with brine. Upon the brinepipes ice and frost formed at a low temperature, but when the temperature rose in the room, as it did, this ice and frost melted, and dripped down upon the floor, and upon the cheese boxes, and thereby caused the cheese to become damp and mouldy, and greatly deteriorate in value. The question of the defendant's negligence was submitted to the jury, and it found a verdict in favor of the plaintiff. The evidence upon this question fully warrants the verdict.

The legal question involved hinges upon the construction to be placed upon a receipt issued by the defendant, and sent to the plaintiff several days after some of the cheese was stored in defendant's warehouse. The receipt acknowledged that defendant had received at different times, on July 2, 3, and 7, 139 boxes of cheese, to be delivered to plaintiff or order, on surrender of the order and payment of all charges. It further contained this provision:

"Conditions.

"All the property is to be at owner's risk of any loss or damage from riot, fire, water, deterioration, defective cooperage, packing, ratage, vermin, leakage, frost, or from being perishable or otherwise inherently defective when stored."

As the plaintiff received and kept this receipt, it was bound by its terms and conditions, but, as we construe the receipt, the defendant is not exempt from its own...