John Schroeder Lumber Co. v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. This action was brought by the plaintiff against defendant, a common carrier, to recover damages alleged to- have been caused by the negligent transportation of horses and han nesses delivered to it for carriage, in consequence of which negligence some of the horses died and the harnesses- were damaged.
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Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. This action was brought by the plaintiff against defendant, a common carrier, to recover damages alleged to- have been caused by the negligent transportation of horses and han nesses delivered to it for carriage, in consequence of which negligence some of the horses died and the harnesses- were damaged. The answer denied substantially the allegations-of the complaint and affirmatively alleged that the injury and damage were proximately caused by the agents and servants of the plaintiff. The jury…
1Opinion of the CourtKeewiN, J.
1. The defendant is a common carrier and as such contracted with the plaintiff to transport the horses and other personal property in question from Saxon to> Ashland for the usual consideration. Under this contract defendant was an insurer against all damage to or loss of the property intrusted to it during transit, except such loss or damage as might arise from the acts of God, public enemies, or the acts of the owner himself, and also “subject to some restrictions and liabilities arising out of the instincts, habits, propensities, wants, necessities, vices, or locomotion of the animals.”…
2Cases cited9 opinions
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Harris v. . Northern Indiana Railroad CompanyNew York Court of Appeals · 1859
- Klauber v. American Express Co.Wisconsin Supreme Court · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Laridaen v. Railway Express Agency, Inc.Wisconsin Supreme Court · 1951
- Anderson v. SparksWisconsin Supreme Court · 1910
- L. Struebing Co. v. Merchants Despatch Transportation Co.Wisconsin Supreme Court · 1910
- Covington v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1916