Leonard v. Whitcomb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Olaire county: W. F. Bailey, Circuit Judge. This was an action to recover damages for injuries to a horse shipped over defendants’ road. Plaintiff applied to defendants’ station agent for a car in which to transport his horses from Portage to G-lidden, this state. Such agent designated a car for such purpose.
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Appeal from a judgment of the circuit court for Eau Olaire county: W. F. Bailey, Circuit Judge. This was an action to recover damages for injuries to a horse shipped over defendants’ road. Plaintiff applied to defendants’ station agent for a car in which to transport his horses from Portage to G-lidden, this state. Such agent designated a car for such purpose. Just what took place between the plaintiff and the agent respecting the car does not definitely appear, but the evidence tends to show that the former was requested to examine the car, and see if it was safe for his purpose, and that…
1Opinion of the CourtMaeshall, J.
The court admitted evidence respecting the’ inspection which plaintiff made of the car before loading. This was objected to by defendants’ counsel, on the ground that the written contract required plaintiff to inspect the-car, and to assume the risk of defects in the floor, if there were any. This involves the question,.whether the stipulation by which the plaintiff, in form, assumed the risk of defects in the car, is valid and binding upon him. There is some conflict of authority, more apparent than real, respecting the validity of such stipulations; but the real principle involved has been…
2Cases cited9 opinions
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Gulf, Colorado & Santa Fe Railway Co. v. TrawickTexas Supreme Court · 1891
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- Di Vita v. PayneSupreme Court of Minnesota · 1921
- John Schroeder Lumber Co. v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908
- Nevius v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1905
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.