Treleven v. Northern Pacific Railroad
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Eond du Lac county: A. E. Exciitee, Judge. This action was brought to charge the defendant, as a common carrier, for the loss of certain goods, of the value of about $140, delivered to it at Fond du Lac, "Wis., and consigned to A. Kirchbaum & Co., at Philadelphia, N. Y.; .and it was alleged that the goods were carried by the defendant and their connecting lines to the station at Philadelphia, N. Y., and, not being called for, the…
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Appeal from a judgment of tbe county court of Eond du Lac county: A. E. Exciitee, Judge. This action was brought to charge the defendant, as a common carrier, for the loss of certain goods, of the value of about $140, delivered to it at Fond du Lac, "Wis., and consigned to A. Kirchbaum & Co., at Philadelphia, N. Y.; .and it was alleged that the goods were carried by the defendant and their connecting lines to the station at Philadelphia, N. Y., and, not being called for, the plaintiff was notified by the defendant’s agent of the fact, and he ■directed the goods reshipped from Philadelphia, N.…
1Opinion of the CourtPiNNey, J.
1. It appears, beyond dispute, that the plaintiff’s goods were transported over the defendant’s line and delivered to the next carrier in the line of their transit, and that in due season.they reached their destination at the point to which they had been directed by the plaintiff’s mistake,. The liability of the defendant for their safety, as a common carrier, in any possible view of the law, had terminated. . They were thereafter held at Philadelphia, N. Y., by the company having custody of them, as warehousemen; and it would not be liable for their loss or destruction, unless caused by a…
2Cases cited2 opinions
- Kraus v. Sentinel Co.Wisconsin Supreme Court · 1885
- Phelps v. Atlantic & Pacific Telegraph Co.Wisconsin Supreme Court · 1879
3Cited by4 opinions
- Hogan Milling Co. v. Union Pacific RailroadSupreme Court of Kansas · 1914
- Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909
- American Railway Express Co. v. Ewing Thomas Converting Co.Court of Appeals for the Third Circuit · 1923
- Roberts v. FrancisWisconsin Supreme Court · 1904