L. Struebing Co. v. Merchants Despatch Transportation Co.
Wisconsin Supreme Court
Appears from a judgment of the eircuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. This action was commenced to recover for damage to goods while in transit from New York to Osbkosb. The action was commenced against the Pere Marquette Railroad Company and the Wisconsin Central Railway Company and the Merchants Despatch Transportation Company, and discontinued as to the former companies.
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Appears from a judgment of the eircuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. This action was commenced to recover for damage to goods while in transit from New York to Osbkosb. The action was commenced against the Pere Marquette Railroad Company and the Wisconsin Central Railway Company and the Merchants Despatch Transportation Company, and discontinued as to the former companies. The complaint charges that on the 24th day of August, 1901, the goods in question, two cases of clothing of the value of $1,400, were deposited with the defendant at New York for carriage over…
1Opinion of the CourtKerwiN, J.
There is no serious dispute upon the law in this ease. The court found that the plaintiff contracted with defendant to carry the goods in question safely from New York to Oshkosh for a reasonable reward, and that the goods were delivered, to defendant as a common carrier in good condition and were damaged while in its possession in transit from New York to Oshkosh, and through causes for which defendant failed to show that as such common carrier it was not liable. Upon such facts the defendant is liable for the damages. J. H. Cownie G. Co. v. Merchants’ D. T. Co. 130 Iowa, 327, 106 N. W. 749;…
2Cases cited5 opinions
- Merchants' Dispatch Transportation Co. v. Bloch Bros.Tennessee Supreme Court · 1888
- Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
- J. H. Cownie Glove Co. v. Merchants' Dispatch Transportation Co.Supreme Court of Iowa · 1906
- Blade v. Chicago, St. Paul, & Fond du Lac RailroadWisconsin Supreme Court · 1859
- John Schroeder Lumber Co. v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908
3Cited by3 opinions
- Uber v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- L. L. Richards MacHinery Co. v. McNamara Motor Express, Inc.Wisconsin Supreme Court · 1959
- Vogel v. Delaware, Lackawanna & Western RailroadWisconsin Supreme Court · 1919