Boorman v. American Express Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for injuries to a violin carried by defendant for plaintiff from Milwaukee to New York city, and alleged to have been “carelessly, negligently and wrongfully” split and broken by defendant.
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APPEAL from the County Court of Milwaukee County. Action for injuries to a violin carried by defendant for plaintiff from Milwaukee to New York city, and alleged to have been “carelessly, negligently and wrongfully” split and broken by defendant. Answer, that defendant had no knowledge or information sufficient to form a belief as to the alleged neglect and wrongful acts; and that it received the violin under a special agreement, as follows: “Received of G. Boorman one box, said to contain instrument, valued at-dollars, marked Greo. Grermunder, New York, N. Y.-which we undertake to forward to…
1Opinion of the CourtDixon, C. J.
The answer of the defendant is a sufficient denial that the violin was carelessly, negligently and wrongfully split and broken as alleged in the complaint, to put the plaintiff upon proof of those allegations, and consequently sufficient to let in the rebutting evidence offered by the defendant. It was error to reject such evidence. An answer denying any knowledge or information sufficient to form a belief as to facts presumed to be within the knowledge of the defendant, or of which he can easily inform himself, is bad ; but such is not the nature of the facts here put in issue. The…
2Cited by9 opinions
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Pacific Express Co. v. FoleySupreme Court of Kansas · 1891
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