Legal Opinion

Hœger v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided April 28, 1885PublishedCited by 9 opinions

APPEAL from tbe Circuit Court for Milwcvulcee County. Tbe case is thus stated by Mr. Justice Oassoday : “ Tbis is an action against tbe defendant, as a common carrier, for damages for tbe loss of goods burned up in its passenger depot, at Hastings, Minnesota.

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APPEAL from tbe Circuit Court for Milwcvulcee County. Tbe case is thus stated by Mr. Justice Oassoday : “ Tbis is an action against tbe defendant, as a common carrier, for damages for tbe loss of goods burned up in its passenger depot, at Hastings, Minnesota. Tbe jury was waived, and tbe case was tried by tbe court, wbicb found tbe facts as stipulated, and to tbe effect that, during tbe times in question, the plaintiffs were copartners and merchants, doing business at Milwaukee; that they sold goods by sample through traveling agents or salesmen at various towns and cities throughout…

1Opinion of the CourtCassoday, J.

Which party must suffer the loss of the trunks and their contents, upon the facts stated? The counsel for the plaintiffs frankly concedes that if the trunks and their contents are to be regarded as baggage, and the stringency of the defendant’s liability, after the trunks arrived at Hastings, is to be no greater than in the case of ordinary baggage, then that there can be no recovery. With equal frankness the counsel for the defendant concedes that if the trunks and their contents are to be regarded as freight, and the stringency of the defendant’s liability, after the trunks arrived at…

2Cases cited5 opinions

  1. Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
  2. Ouimit v. HenshawSupreme Court of Vermont · 1863
  3. Chicago, Rock Island & Pacific Railroad v. BoyceIllinois Supreme Court · 1874
  4. Louisville, Cincinnati & Lexington Railroad v. MahanCourt of Appeals of Kentucky · 1871
  5. Dininny v. New York & New Haven RailroadNew York Court of Appeals · 1872

3Cited by9 opinions

  1. Erie Railroad v. SteinbergOhio Supreme Court · 1916
  2. Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
  3. Oakes v. N. P. R. R.Oregon Supreme Court · 1891
  4. Trouser Co. v. RailroadSupreme Court of North Carolina · 1905
  5. Goldberg v. Ahnapee & Western Railway Co.Wisconsin Supreme Court · 1899

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