Cohen v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wau-paca county: ByíioN B. Pape, Circuit Judge. Action to recover damages to stock alleged to have been sustained in two interstate shipments from Weyauwega, Wisconsin, to Chicago, Illinois, one made July 1, 1913, resulting in the death of a hog of the stipulated value of $10 in the contract of shipment and upon which there was a salvage of $425, leaving a net loss of $5.15; the other made August 19, 1913, or one day later than…
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Appeal from a judgment of tbe circuit court for Wau-paca county: ByíioN B. Pape, Circuit Judge. Action to recover damages to stock alleged to have been sustained in two interstate shipments from Weyauwega, Wisconsin, to Chicago, Illinois, one made July 1, 1913, resulting in the death of a hog of the stipulated value of $10 in the contract of shipment and upon which there was a salvage of $425, leaving a net loss of $5.15; the other made August 19, 1913, or one day later than plaintiff claims it should have been made, the delay causing him extra expense, shrinkage, etc., to the amount of $40…
1Opinion of the CourtViNJE, J.
The shipping contract of July 1st contained the following provision:
“The said shipper further agrees that, as a condition precedent to his right to recover damages or loss of or injury to *75any of said stock, be will give notice in writing of bis claim tberefor to some officer of said railroad company, or its nearest station agent, before said stock bas been removed from said place of destination, and before sucb stock bas been mingled with other stock.”
In tbis ease no sucb notice was given as to injury to shipment of July 1st. The notice was not given till July 7 th, when presumably the dead…
2Cases cited7 opinions
- Clegg v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- St. Louis & San Francisco R. R. v. PhillipsSupreme Court of Oklahoma · 1906
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- Hudson v. Chicago, St. P., M. & O. Ry. Co.District Court, D. Minnesota · 1915
- Missouri, Kansas & Texas Railway Co. v. I. FrogleySupreme Court of Kansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wegener v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. KileenWisconsin Supreme Court · 1943
- Stephens v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1929
- Blackwell v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1916