Streeter v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee County. The following statement of the case ivas originally prepared by Mr. Justice Cole as a part of his opinion herein: “ This action was brought to recover three times the excess of freight above the rates prescribed by ch. 273, Laws of 1874, paid by the plaintiffs to the defendant company for the transportation of lumber.
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APPEAL from tlie Circuit Court for Milwaukee County. The following statement of the case ivas originally prepared by Mr. Justice Cole as a part of his opinion herein: “ This action was brought to recover three times the excess of freight above the rates prescribed by ch. 273, Laws of 1874, paid by the plaintiffs to the defendant company for the transportation of lumber. It appears that a number of carloads of lumber were consigned by the plaintiffs from Big Suamico and Fond du Lac on the Chicago & Northwestern Railway, and from Emery on the West "Wisconsin Railway, to themselves at…
1Opinion of the CourtCole, J.
The first question which will be considered is, *297whether the court below was right in holding the defendant liable for any excess in the charges made by the companies from which it received the property in the usual course of transportation. And upon that point we are clearly of the opinion that the defendant cannot be held liable for the acts of the other carriers, under the provisions of the law counted upon in the complaint. By that statute the legislature fixed the rates which railway companies might charge and collect for the carriage of persons and property over their respective roads…
2Cases cited1 opinion
- Ackley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1874
3Cited by2 opinions
- Rood v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1877
- Armstrong v. Chicago, St. Paul & Kansas City Railway Co.Missouri Court of Appeals · 1895