Chicago, Milwaukee & St. Paul Railway Co. v. Jewett
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe county: E. C. Higbee, Circuit Judge. Action to recover freight and storage charges on 314 bales of nursery moss shipped over plaintiff’s line by the defendant. The action was tried by the court without a jury, and the material facts were not seriously in dispute.
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Appeal from a judgment of the circuit court for Monroe county: E. C. Higbee, Circuit Judge. Action to recover freight and storage charges on 314 bales of nursery moss shipped over plaintiff’s line by the defendant. The action was tried by the court without a jury, and the material facts were not seriously in dispute. In the fall of 1909 the defendant inquired of the plaintiff’s agent at Sparta the freight rate on a carload of nursery moss from Mather to Cape Town, South Africa, and was given a through rate. The amount of the rate so given was either $185.25 or $220, the exact figure not being…
1Opinion of the CourtWinslow, C. J.
In this case it is held:
1. The familiar principle that oral negotiations are merged in and supplanted by a written contract afterwards entered into between the- parties covering the same subject applies to the present case (Ohio E. Co. v. Wis.-Minn. L. & P. Co. 161 Wis. 632, 155 N. W. 112), hence the oral quotation of a through rate to Cape Town is of no moment because the written bill of lading became the contract between the parties.
2. This being a shipment to a foreign country, the. Car-mack amendment did not apply, and it was competent for the parties to make a contract limiting the…
2Cases cited2 opinions
- Ohio Electric Co. v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1915
- Best v. Great Northern Railway Co.Wisconsin Supreme Court · 1915
3Cited by4 opinions
- Reider v. ThompsonCourt of Appeals for the Fifth Circuit · 1949
- Lesser-Goldman Cotton Co. v. Missouri Pacific RailroadSupreme Court of Missouri · 1928
- McCaslin v. Southern Pacific Co.California Supreme Court · 1922
- Reider v. ThompsonCourt of Appeals for the Fifth Circuit · 1949