Stolze v. Ann Arbor Railroad
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: E. B. Belden, Judge. Plaintiff, a manufacturer of Christmas tree ornaments in Manitowoc, had shipped to him from Lauscha, Germany, a number of cases of such ornaments. They reached Manito-woc via the defendant’s road, on car ferries operated by it across Lake Michigan from Frankfort, Michigan, to Manito-woc, Wisconsin.
Read the full summary
Appeal from a judgment of the circuit court for Manito-woc county: E. B. Belden, Judge. Plaintiff, a manufacturer of Christmas tree ornaments in Manitowoc, had shipped to him from Lauscha, Germany, a number of cases of such ornaments. They reached Manito-woc via the defendant’s road, on car ferries operated by it across Lake Michigan from Frankfort, Michigan, to Manito-woc, Wisconsin. There the car containing the cases was turned over to the Chicago & Northwestern road and at once switched to plaintiff’s warehouse in the city of Manitowoc, a distance of about one mile, where plaintiff removed…
1Opinion of the CourtVinje, J.
Tbe defendant seeks to escape liability on two grounds: first, because it was not tbe last carrier; and second, even if it were, since tbe goods were skipped in bond it bad no opportunity to inspect, and therefore tbe presumption that they were received by it in good order should not attach. In tbe case of Laughlin v. C. & N. W. R. Co. 28 Wis. 204, this court held that where several connecting carriers transport goods, and tbe proof shows they were delivered to tbe first carrier in good condition, but damaged when received by tbe consignee, a presumption obtains that they reached tbe last…
2Cases cited9 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Gulf, Colorado & Santa Fe Railway Co. v. EdloffTexas Supreme Court · 1896
- Morganton Manufacturing Co. v. Ohio River & Charleston Railway Co.Supreme Court of North Carolina · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Best v. Great Northern Railway Co.Wisconsin Supreme Court · 1915
- Uber v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- Feelyater v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1922
- Trott v. Baltimore & Ohio RailroadAppellate Court of Illinois · 1915
1 more not listed; retrieve them via the Exa API.