Wegener v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the county conrt of Dodge county: O. W. Lamobeux, Judge. Action to recover damages for delay in the shipment of poultry and for loss of part thereof. On November 17, 1912, plaintiff delivered to the defendant at Minnesota Junction, Wisconsin, forty-eight barrels and fifty-two boxes of dressed poultry for shipment to New York.
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Appeal from a judgment of the county conrt of Dodge county: O. W. Lamobeux, Judge. Action to recover damages for delay in the shipment of poultry and for loss of part thereof. On November 17, 1912, plaintiff delivered to the defendant at Minnesota Junction, Wisconsin, forty-eight barrels and fifty-two boxes of dressed poultry for shipment to New York. The jury found that owing to the negligence of the defendant a part of the shipment was lost in transit and the balance was damaged; and they assessed plaintiff’s damages in the sum of $856.91. From a judgment in said amount with costs entered…
1Opinion of the CourtViitje, J.
The shipment was made under a bill of lading and tariffs approved by the interstate commerce commission. The defendant sought to introduce both the bill of lading and the tariffs in evidence to show under what terms and conditions the shipment was made, but'they were excluded, except that the bill of lading was admitted for the sole purpose of showing'that defendant had received the shipment. The *324ground for their exclusion does not appear. It is now claimed that they were not properly pleaded. The answer “alleges that said shipment was made under and pursuant to the law in such cases made and…
2Cases cited5 opinions
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Willard v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Inman & Co. v. Seaboard Air Line Ry. Co.U.S. Circuit Court for the Southern District of Georgia · 1908
- Davis v. New York, Ontario & Western Railway Co.Supreme Court of Minnesota · 1897
- Cohen v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1916
3Cited by3 opinions
- Vogel v. Delaware, Lackawanna & Western RailroadWisconsin Supreme Court · 1919
- Insurance Co. of North America v. Krieck Furriers, Inc.Wisconsin Supreme Court · 1967
- St. Louis & S. F. R. Co. v. First Nat. Bank of Elk CitySupreme Court of Oklahoma · 1917