Detroit & Milwaukee Railroad v. Farmers' & Millers' Bank of Milwaukee
Wisconsin Supreme Court
ERROR to the Count y Court of Milwaukee County. Tbe action below was brought by the bank against the railroad company, to recover damages for losses upon flour shipped by the company’s road, addressed to consignees in the city of New York, in consequence of delay in the transportation of the same, and also in consequence of careless handling.
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ERROR to the Count y Court of Milwaukee County. Tbe action below was brought by the bank against the railroad company, to recover damages for losses upon flour shipped by the company’s road, addressed to consignees in the city of New York, in consequence of delay in the transportation of the same, and also in consequence of careless handling. The receipt and bill of lading is set forth in the complaint as follows : “Detroit and Milwaukee Railroad, Milwaukee, January 3, 1862. Received from account of H. H. Camp, Cashier, the undermentioned property, addressed to Hoffman & Stevens, Agent, New…
1Opinion of the CourtCole, J.
It appears from tbe bills of lading offered in evidence, that tbe railroad company limited its liability as common carrier to tbe kne of its own road. Tbe receipts expressly stated that tbe property was received by tbe company to be ■sent “ subject to their tariff, and under the conditions stated on the other side.” Among tbe conditions on tbe back of tbe receipt, was one to tbe effect that all goods addressed to consignees resident beyond tbe places at which tbe company have stations, and respecting which no directions to tbe contrary shall have *127been received previous to arrival at the…
2Cases cited2 opinions
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Falvey v. Northern Transportation Co.Wisconsin Supreme Court · 1862
3Cited by9 opinions
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Schneider v. EvansWisconsin Supreme Court · 1870
- Black v. WalterMichigan Supreme Court · 1890
- Mauritz v. New York, L. E. & W. R. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1884
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