Legal Opinion

Best v. Great Northern Railway Co.

Wisconsin Supreme Court

Decided January 12, 1915PublishedCited by 7 opinions

Appeal from a judgment of tbe circuit court for Douglas county: Ejsanic A. Ross, Circuit Judge. This action was brought to recover damages for injuries to plaintiff’s goods by alleged failure to safely carry the same from the city of Superior to Winnipeg, Manitoba.

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Appeal from a judgment of tbe circuit court for Douglas county: Ejsanic A. Ross, Circuit Judge. This action was brought to recover damages for injuries to plaintiff’s goods by alleged failure to safely carry the same from the city of Superior to Winnipeg, Manitoba. The answer denies generally the material allegations of the complaint, and sets up that defendant received the shipment on the Ith of April, 1910, to be carried over its line from Superior to Emerson, a point on the boundary line between the United States and the Dominion of Canada, and' agreed to transport in the usual course of…

1Opinion of the CourtRbRWin, J.

Counsel for appellant contends that she was entitled to judgment on the verdict on four separate grounds, namely: (1) Because under the contract the defendant undertook to carry the goods through to Winnipeg. (2) Because the Carmack amendment to the Interstate Commerce Act makes the defendant, as initial carrier, liable for damages caused by the connecting carrier. (3) Because the defendant deviated from the contract of carriage and thus made itself an insurer; and (4) Because there is no evidence to support the finding of the jury that of the two roads the Canadian Northern Railway Company…

2Cases cited2 opinions

  1. Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
  2. Stolze v. Ann Arbor RailroadWisconsin Supreme Court · 1912

3Cited by7 opinions

  1. Reider v. ThompsonCourt of Appeals for the Fifth Circuit · 1949
  2. Chicago, Milwaukee & St. Paul Railway Co. v. JewettWisconsin Supreme Court · 1919
  3. L. L. Richards MacHinery Co. v. McNamara Motor Express, Inc.Wisconsin Supreme Court · 1959
  4. Aldrich v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1916
  5. Mastercraft Paper Products, Inc. v. FreightwaysWisconsin Supreme Court · 1972

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