Klauber v. American Express Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action to recover for injuries doné to goods of plaintiff while in possession of defendant as carrier. Tbe goods are described as “ a package containing three dozen ten spring skirts, three dozen sixteen spring skirts, and three dozen twenty spring skirtsand it is alleged tbat through defendant’s negligence they were “ water-soaked, rusted and utterly spoiled.”
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APPEAL from tbe Circuit Court for Dane County. Action to recover for injuries doné to goods of plaintiff while in possession of defendant as carrier. Tbe goods are described as “ a package containing three dozen ten spring skirts, three dozen sixteen spring skirts, and three dozen twenty spring skirtsand it is alleged tbat through defendant’s negligence they were “ water-soaked, rusted and utterly spoiled.” Answer, denying negligence on defendant’s part, and alleging that the damage arose from the improper manner in which said skirts were packed for transportation. On the trial (by the court…
1Opinion of the CourtDixon, C. J.
What is meant when it is said that if goods are improperly packed, the carrier will not be liable for injuries resulting from that cause ? Is it meant that if the goods are of a nature to be injured by rain, they must be secured by water-proof covering or cases ? It was argued in this case, that because the goods were of that nature, and the shipper did not pack them in wooden boxes or other water-proof covering, so as to guard against the ordinary contingency of rain when they were transferred from cars to wagons, and from wagons to cars or warehouses, in the course of transit, the company…
2Cases cited1 opinion
- Chevallier v. StrahamTexas Supreme Court · 1847
3Cited by11 opinions
- Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
- Northwestern Marble & Tile Co. v. WilliamsSupreme Court of Minnesota · 1915
- Alabama & V. Ry. Co. v. American Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1918
- Chicago, R. I. & P. Ry. Co. v. McCulleySupreme Court of Oklahoma · 1911
- Chesapeake & Ohio Railway Co. v. National Fruit Products Co.Supreme Court of Virginia · 1930
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