Wahl v. Holt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action against Holt and Ensign, as common carriers and proprietors of the Commercial Line of Propellers, for damages resulting to plaintiff from the sinking in the Erie canal of certain -bones in sacks, which the plaintiff had contracted to sell to the consignee in Providence, R. I. The defense was, that the loss happened beyond Buffalo, the end of defendants’ route, and that defendants had fully performed their contract.
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APPEAL from the Circuit Court for Milwaukee County. Action against Holt and Ensign, as common carriers and proprietors of the Commercial Line of Propellers, for damages resulting to plaintiff from the sinking in the Erie canal of certain -bones in sacks, which the plaintiff had contracted to sell to the consignee in Providence, R. I. The defense was, that the loss happened beyond Buffalo, the end of defendants’ route, and that defendants had fully performed their contract. The character of the shipping receipt put in evidence by the plaintiff will appear from the opinion, infra. Defendants…
1Opinion of the CourtCole, J.
Upon the face itself of the bill of lading- or shipping receipt, we feel bound to hold that the pro*706prietors of the Commercial Line contracted to carry the goods to Providence, R.1. ' This, it seems to us, is the natural construction of the various clauses of that instrument.
In the first place, it is stipulated in the contract that the goods shall be delivered in good order and condition as when received, “ as addressed on the margin, or to his or their consignees, * * upon paying freight and charges as noted below.”.In the margin was the following :
These clauses show that it was a through…
2Cases cited1 opinion
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
3Cited by4 opinions
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- People v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1916
- American Storage & Moving Co. v. Wabash RailroadMissouri Court of Appeals · 1909
- Hansen v. Flint & Pere Marquette RailroadWisconsin Supreme Court · 1889