Jessup v. American Railway Express Co.
Can I rely on this case?
Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1966, among the opinions in this site’s citation index.
Not a substitute for Shepard’s or KeyCite — verify before relying.
See our Terms of Use before relying on these notes. Report an error
Cases that cite this one
1 later published case cites this decision.
- Burgeson v. Puck (Minn. 1966)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
After verdict for plaintiff, defendant appeals from the order denying its motion for judgment notwithstanding or a new trial. The action is to recover damages for the death of a horse owned by plaintiff and rented to defendant. Its death while in the possession of the latter is attributed by plaintiff to the negligent feeding of mouldy corn. The evidence for defendant is that the utmost care was taken to prevent any such thing. For the plaintiff however 'there is evidence that the acute indigestion or colic which caused the death of the animal is frequently caused by eating mouldy corn; that one of defendant’s own horses died of colic in the stable in question shortly before the death of plaintiff’s horse; that mouldy corn was on hand in the feed bin; and that some of it was actually found in the feed box of plaintiff’s horse. The issue was one of fact and so for the jury.
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.