Chicago, M. & St. P. R. v. Wallace
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The facts in this case are fully and properly stated in the brief of counsel for plaintiff in error, as follows: “This is a writ of error prosecuted by the Chicago, Milwaukee & St. Paul Railway Company, defendant below, to reverse a judgment of $8,000 recovered against it in the. lower court by Benjamin F. Wallace, the plaintiff below, for loss and injury to…
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. The facts in this case are fully and properly stated in the brief of counsel for plaintiff in error, as follows: “This is a writ of error prosecuted by the Chicago, Milwaukee & St. Paul Railway Company, defendant below, to reverse a judgment of $8,000 recovered against it in the. lower court by Benjamin F. Wallace, the plaintiff below, for loss and injury to certain property comprising part of the belongings and equipment of a, circus owned by Wallace, and for the loss of…
1Opinion of the CourtBunn, District Judge
(after stating the facts). Proper assignments of error having been made by plaintiff in error, the main question in this court, as it was below, is whether the railroad company, in carrying the plaintiff's circus people, animals, and outfit, under the special contract in evidence, assumed the relation of a common carrier for hire. If it did, then the verdict must stand. If it did not, then the contract itself was a good defense to the action; and the whole case seems to depend upon this question. The court is of opinion that the railroad company had a right to *510make the contract with, the…
2Cases cited4 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Coup v. Wabash, St. Louis & Pacific Railway Co.Michigan Supreme Court · 1885
- Robertson v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by25 opinions
- The OceanicaCourt of Appeals for the Second Circuit · 1909
- Louisville, New Albany & Chicago Railway Co. v. KeeferIndiana Supreme Court · 1896
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. OlveraCourt of Appeals for the Ninth Circuit · 1941
- Chicago & N. W. Ry. Co. v. DavenportCourt of Appeals for the Fifth Circuit · 1953
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