Berger-Crittenden Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Milwaukee county: W. J. Tuestee, Circuit Judge. Action to recover damages for breach of contract of carriage. December 16, 1909, plaintiffs purchased, at East St. Louis, Illinois, a quantity of water-soaked alfalfa meal. It was required to be kiln dried to save it for use.
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Appeals from a judgment of the circuit court for Milwaukee county: W. J. Tuestee, Circuit Judge. Action to recover damages for breach of contract of carriage. December 16, 1909, plaintiffs purchased, at East St. Louis, Illinois, a quantity of water-soaked alfalfa meal. It was required to be kiln dried to save it for use. To that end it was arranged to ship the stuff over the -Alton Railroad line and that of Chicago, Milwaukee & St. Paul Railway Company, the two being connecting lines, to Milwaukee, Wisconsin. The agents of both lines knew of the perishableness of the freight. The Alton…
1Opinion of the CourtMaeshaul, J.
The primary question presented here is this: Did the trial court err in holding that the clause printed on each of the hills of lading, exempting the initial carrier from liability for damages not occurring on its road, was not a part of the contracts of carriage ?
The place of the contract was the state of Illinois and the law of that state governs as -to the nature and validity thereof since there was no evidence showing a contrary intent. That is elementary. International H. Co. v. McAdam, 142 Wis. 114, 124 N. W. 1042.
Does the proposition stated fall within the field of validity and…
2Cases cited12 opinions
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Wabash Railroad v. ThomasIllinois Supreme Court · 1906
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Illinois Match Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1911
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3Cited by5 opinions
- Hines v. ScottTexas Supreme Court · 1923
- Crinella v. Northwestern Pacific RailroadCalifornia Court of Appeal · 1927
- Netherwood v. RaymerDistrict Court, W.D. Wisconsin · 1918
- Badger Machinery Co. v. United States Bank & Trust Co.Wisconsin Supreme Court · 1917
- Feelyater v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922