Blodgett v. Abbot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to recover damages on account of delay in the transportation of potatoes by the defendants over the railroad operated by them. The facts are stated in the opinion. At the close of the testimony the trial court directed the jury to return a verdict for the defendants. From the judgment entered on such verdict the plaintiff appeals.
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APPEAL from the Circuit Court for Portage County. Action to recover damages on account of delay in the transportation of potatoes by the defendants over the railroad operated by them. The facts are stated in the opinion. At the close of the testimony the trial court directed the jury to return a verdict for the defendants. From the judgment entered on such verdict the plaintiff appeals. To the point that, the evidence being conflicting and there being evidence to go to the jury on the question of defendants’ negligence in not placing the car upon the “ Y ” on Saturday night, it was error for…
1Opinion of the CourtOrton, J.
The following is a sufficient statement of the facts to show the pertinency of the questions raised and decided:
The Wisconsin Central Eailroad, represented by the defendants as the trustees thereof, runs in part from Plover to Junction City in a northwesterly direction, at wiiich last point it is crossed by the Chicago, Milwaukee & St. Paul Eailroad, Avhich runs thence in a northerly direction to Mosinee. On the 6th day of November, 1886, the defendants contracted with the plaintiff to carry a car-load of potatoes for him from Plover, by the way of Junction City, to Mosinee, for certain…
2Cases cited5 opinions
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Strohn v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1868
- Leavitt v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- McLaren v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1868
3Cited by5 opinions
- Missouri Pac. Ry. Co. v. HallCourt of Appeals for the Eighth Circuit · 1895
- Cornell University v. MeadWisconsin Supreme Court · 1891
- Courteen v. Kanawha DispatchWisconsin Supreme Court · 1901
- Stephens v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1929
- Fallgren v. Railway Express AgencySupreme Court of New Hampshire · 1953