Loeser v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Milwaukee county: D. H. JoimsoN, Circuit Judge. Action for the value of a horse. The plaintiff delivered to the defendant seventeen horses, to be carried from Darling-ton, Wisconsin, to Chicago, Illinois. They were to be unloaded, fed, and 'watered, m route, at the defendant’s yards in Milwaukee. They arrived at Milwaukee in the nighttime.
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Appeal from, a judgment of the circuit court for Milwaukee county: D. H. JoimsoN, Circuit Judge. Action for the value of a horse. The plaintiff delivered to the defendant seventeen horses, to be carried from Darling-ton, Wisconsin, to Chicago, Illinois. They were to be unloaded, fed, and 'watered, m route, at the defendant’s yards in Milwaukee. They arrived at Milwaukee in the nighttime. They were taken from the car, and driven in a body, through a lane, into a pen, where the defendant’s employees at once commenced tying them. Before all were tied, two of them began to kick. One of these…
1Opinion of the CourtNewmaN, J.
It was a question for the jury whether it was negligence to drive the horses loose into the pen, instead of leading them separately, so as to have them at all times under safe control. The question seems to have been fairly submitted. The verdict is conclusive of the liability of the defendant, unless it is excepted from liability by that provision of the contract which declares that “ the company shall not be liable for the acts of the animals themselves, or to each other, . . . or from loading or unloading them.” *574But this should not be construed into a provision to exempt the company from…
2Cases cited3 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
3Cited by6 opinions
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Densmore Commission Co. v. Duluth, South Shore & Atlantic RailwayWisconsin Supreme Court · 1899
- Leonard v. WhitcombWisconsin Supreme Court · 1897
- Lamb v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
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