McGovern v. Ann Arbor Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waukesha county: Martin L. Lueck, Circuit Judge. A carload of apples was shipped over the defendant’s railway and carferry line by one Wayne Mick at Beulah, Michi■gan, to the plaintiff at Wankesha, Wisconsin, December 22, 1914, and were badly frozen in transit, and this action is brought to recover damages therefor. It was tried by the court without a jury.
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Appeal from a judgment of the circuit court for Waukesha county: Martin L. Lueck, Circuit Judge. A carload of apples was shipped over the defendant’s railway and carferry line by one Wayne Mick at Beulah, Michi■gan, to the plaintiff at Wankesha, Wisconsin, December 22, 1914, and were badly frozen in transit, and this action is brought to recover damages therefor. It was tried by the court without a jury. The defendant is a foreign corporation operating a railroad in Michigan terminating at Frankfort, and a carferry from Frankfort to Manitowoc, Wisconsin, which transports the cars to the…
1Opinion of the CourtWinslow, C. J.
There was ample proof that the apples were in good condition when received by the company, and the only serious question on this appeal is whether there is any sufficient proof of negligence on the part of the railway company.
It appears without dispute-that the letters “O. R.” (meaning “owner’s risk”) were on the face of the bill of lading when the consignor (who was also the owner) received it. The consignor testified that at the time he signed the bill of lading it contained the indorsement “Owner’s risk — Charges guaranteed,” that he understood the situation and the weather conditions at…
2Cases cited2 opinions
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Victor Produce Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1916
3Cited by10 opinions
- Jackson & Perkins Co. v. Mushroom Transportation Co.Supreme Court of Pennsylvania · 1945
- W. H. Blodget Co. v. New York Central RailroadMassachusetts Supreme Judicial Court · 1927
- Clemons Produce Co. v. Denver & Rio Grande RailroadMissouri Court of Appeals · 1920
- Fort v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1921
- Standard Pickle Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1923
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