Allis-Chalmers Manufacturing Co. v. Eagle Motor Lines, Inc.
Wisconsin Supreme Court
1Opinion of the CourtRobert W. Hansen, J.
This dispute between a shipper and a carrier as to who is responsible for goods damaged in transit involves the legal question as to who has the burden of proof as to certain aspects and at certain stages of the action.
The general rule.
The general rule, in the absence of special contract, is that the liability of a common carrier for injury to property in transit is that of an insurer. The sender need not establish how, when or where the damage in transit occurred. It follows that the mere proof of the delivery of the goods to the carrier in good condition, and of their arrival in damaged…
2Cases cited3 opinions
- Laridaen v. Railway Express Agency, Inc.Wisconsin Supreme Court · 1951
- Klauber v. American Express Co.Wisconsin Supreme Court · 1866
- L. L. Richards MacHinery Co. v. McNamara Motor Express, Inc.Wisconsin Supreme Court · 1959
3Cited by3 opinions
- Scholten Pattern Works, Inc. v. Roadway Express, Inc.Court of Appeals of Wisconsin · 1989
- Whitehall Packing Co. v. Safeway Truck Lines, Inc.Wisconsin Supreme Court · 1975
- Mastercraft Paper Products, Inc. v. FreightwaysWisconsin Supreme Court · 1972