Rosenthal v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of ‘the circuit court for Columbia county: Ci-iestee A. Fowlee, Circuit Judge. Action to recover damages resulting from tibe alleged mis-routing of a carload of horses shipped from Brookings, South Dakota, to the Union Stockyards at Chicago.
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Appeal from a judgment of ‘the circuit court for Columbia county: Ci-iestee A. Fowlee, Circuit Judge. Action to recover damages resulting from tibe alleged mis-routing of a carload of horses shipped from Brookings, South Dakota, to the Union Stockyards at Chicago. The facts were substantially as follows: The plaintiff, a horse dealer residing at Lodi, Wisconsin, purchased a carload of horses at Brookings, South Dakota, through his agents, Lohman & Samis, who lived in that vicinity. The agents loaded the horses, twenty-one in number, at Brookings, February 23, 1912, and entered into a written…
1Opinion of the CourtWinslow, C. J.
For the purposes of this case it will be assumed that the direction on the stock contract, “Stop to feed and water at Lodi, Wis.,” amounted to a routing of the car by way of Winona and Lodi. This proposition is not decided, however, and may be somewhat doubtful. Edwards v. Am. Exp. Co. 109 Me. 444, 84 Atl. 987, 42 L. R. A. n. s. 705.
This court has certainly adopted the doctrine that if a common carrier contracts to carry freight by a specified route and sends the goods by another route it becomes liable as an insurer for any injury which may result by reason of its unauthorized act. Seavey…
2Cases cited2 opinions
- S. D. Seavey Co. v. Union Transit Co.Wisconsin Supreme Court · 1900
- Edwards v. American Express Co.Supreme Judicial Court of Maine · 1912