Schaller v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: John E. Bennett, Circuit Judge. Plaintiff delivered to the defendant at Yerona, "Wisconsin, twenty-two boxes .of cheese for shipment over its line of railway to plaintiff at Chicago, Illinois.
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Appeal from a judgment of the circuit court for Green county: John E. Bennett, Circuit Judge. Plaintiff delivered to the defendant at Yerona, "Wisconsin, twenty-two boxes .of cheese for shipment over its line of railway to plaintiff at Chicago, Illinois. At the time of such delivery, defendant, by its agent, signed and delivered to plaintiff a bill of lading to the effect, among other things, that the property was received for shipment subject to loss by fire, unless it could be shown, in case of such loss, that it occurred through the negligence or default of the agent of the company. The…
1Opinion of the Court
The following opinion was filed June 24, 1897:
Maeshall, J.
Several errors are assigned on this appeal, all of which have received careful consideration, and will be noticed in this opinion in their order.
1. That the circuit court erred in allowing defendant to amend its answer on the trial by setting up as a defense-that by the law of Illinois the extraordinary liability of a common carrier of goods terminated when the goods arrived at their destination and were deposited in the defendant’s warehouse; and as a further defense that the goods-were received for shipment under an express contract…
2Cases cited36 opinions
- Clark v. BarnwellSupreme Court of the United States · 1852
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Transportation Company v. DownerSupreme Court of the United States · 1871
31 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Lake Erie & Western Railroad v. HollandIndiana Supreme Court · 1903
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Ullman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- McKinney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
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