Marshall v. Wells
Wisconsin Supreme Court
APPEAL PROM THE MILWAUKEE CIRCÜIT COURT. This was an action brought by the plaintiffs, Appellants, against the defendants, Respondents, as common carriers.
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APPEAL PROM THE MILWAUKEE CIRCÜIT COURT. This was an action brought by the plaintiffs, Appellants, against the defendants, Respondents, as common carriers. The complaint contained four counts; all except the third charging the defendants as common carriers under the name and style of “ The American Express Company,” with having as such common carriers, received at Milwaukee certain packages of money or treasure to the amount of $8,000, to be carried and delivered to the State Bank at Madison, within a reasonable time, for reward5 but by the carelessness and improper conduct of the defendants,…
1Opinion of the Court
By the Court,
Smith, J.
The first error complained of by the appellants is, the direction of the court below in giving the affirmative of the issue to the respondents. It is contended that inasmuch as the ruling gave to the defendants the right to open and close the argument to the juiy, they thereby derived and enjoyed an advantage to which they were not by law, and the practice of the court entitled. It is further contended that such error (if error,) is sufficient cause for reversal of the judgment, and that it should be reversed for that cause alone.
It is undoubtedly true that the general…
2Cases cited2 opinions
- Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
3Cited by26 opinions
- State v. BeachIndiana Supreme Court · 1897
- Paine v. SmithSupreme Court of Minnesota · 1885
- Adams Express Co. v. DarnellIndiana Supreme Court · 1869
- Alsop v. Southern Express Co.Supreme Court of North Carolina · 1889
- In Re DamatoNew Jersey Superior Court Appellate Division · 1965
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