Bell Lumber Co. v. Bayfield Transfer Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county. G. N. Risjord, Circuit Judge. Action to recover damages claimed to have been sustained by plaintiff by reason of the failure of the defendant, as a common carrier, to seasonably furnish cars to transport plaintiff’s forest products to market.
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Appeal from a judgment of the circuit court for Bayfield county. G. N. Risjord, Circuit Judge. Action to recover damages claimed to have been sustained by plaintiff by reason of the failure of the defendant, as a common carrier, to seasonably furnish cars to transport plaintiff’s forest products to market. It appears from the evidence that a portion of the forest products was banked on a spur track, called Wachsmuth spur, owned by a private corporation and used in connection with its private business, from which spur it was the custom to take out products so banked on cars furnished by…
1Opinion of the CourtVinje, J.
The findings of fact denominated as such made by the trial judge are set out in the previous statement. Introductory to such findings the judge says: “Having heretofore filed a statement in detail of my findings on the evidence, which will supplement these findings, I make these conclusions of facts.” The only statement to which this can refer is the decision of the court found in the record in which facts are stated and discussed. Among such facts therein found are these:
“The defendant’s superintendent knew in 1913 that the road was bad and bridges were deteriorating and was badly in need of…
2Cases cited4 opinions
- Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
- Feldschneider v. Chicago, Milwakuee & St. Paul Railway Co.Wisconsin Supreme Court · 1904
- Northwestern Consolidated Milling Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of Minnesota · 1917
- Wolosek v. Chicago & Milwaukee Electric RailroadWisconsin Supreme Court · 1914
3Cited by5 opinions
- Pfeifer v. Standard Gateway Theater, Inc.Wisconsin Supreme Court · 1952
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Hamus v. WeberWisconsin Supreme Court · 1929
- Jones v. Pittsburgh Plate Glass Co.Wisconsin Supreme Court · 1945
- Winchell v. Alaska Airlines, Inc.District Court, D. Alaska · 1951