Chicago & Northwestern Railway Co. v. Menasha Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action was brought to recover for alleged demurrage •charges on cars of logs and bolts shipped to appellant at Menasha, Wisconsin, in June and July, 1908. Two causes ■of action are set out in the complaint; the first for demurrage .accruing on intrastate shipments, and the second for demur-rage accruing on interstate shipments.
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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This action was brought to recover for alleged demurrage •charges on cars of logs and bolts shipped to appellant at Menasha, Wisconsin, in June and July, 1908. Two causes ■of action are set out in the complaint; the first for demurrage .accruing on intrastate shipments, and the second for demur-rage accruing on interstate shipments. The case was referred to Jolin E. Harper, Esq., referee, to hear, try, and determine, who made the following findings of fact and con•clusions of law: “Findings of…
1Opinion of the Court
The following opinion was filed December 8, 1914:
KebwiN, J.
The findings of the learned referee, confirmed by the court and sustained by the evidence, support the judgment. The appellant contends that section 0, rule 5, hereafter quoted, is controlling. Under this rule it is insisted that it was the duty of respondent to keep the track of appellant full and that it would accommodate seven cars, and that only three or four, and never to exceed five, cars were kept thereon, hence no demurrage could have been charged under the rule referred to. We are of opinion that the referee properly…
2Cases cited5 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Chicago, Rock Island & Pacific Railway Co. v. Hardwick Farmers Elevator Co.Supreme Court of the United States · 1913
- Michie v. New York, N. H. & H. R.U.S. Circuit Court for the District of Massachusetts · 1907
- United States v. Philadelphia & R. Ry. Co.District Court, E.D. Pennsylvania · 1910
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