Morrison v. Phillips & Colby Construction Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. After certain averments as to defendant’s corporate character, and its business as a common carrier, the complaint alleges, in substance, (4) That, at a time and place named, plaintiff delivered to defendant in good order, and defendant received as a common carrier, three horses and certain other property belonging to plaintiff, of a certain value; and that defendant then and there became bound by law, and undertook and…
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APPEAL from the Circuit Court for Winnebago County. After certain averments as to defendant’s corporate character, and its business as a common carrier, the complaint alleges, in substance, (4) That, at a time and place named, plaintiff delivered to defendant in good order, and defendant received as a common carrier, three horses and certain other property belonging to plaintiff, of a certain value; and that defendant then and there became bound by law, and undertook and promised plaintiff, to take care of said property, and safely carry it over the line of its road to a certain other station…
1Opinion of the CourtOetoN, J.
This is an action for damages to the horses of the plaintiff, shipped on defendant’s road at Waupaca, to be carried to Wauboo station, in January, 1877.
It is not pretended, and there is.no evidence, that the injury to the horses was caused by the peculiarity or natural propensity of such animals; and therefore such a question, and the law applicable to it, will not be considered.
Nor do we think that the question of the absolute liability of the company, as a common carrier and as an insurer of the property, is in the case:
1. Por the reason that the complaint appears to go upon the theory, and…
2Cases cited2 opinions
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Betts v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1866
3Cited by25 opinions
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- East Tennessee & Western North Carolina Railroad v. LindamoodTennessee Supreme Court · 1903
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
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