Waterman v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “ On or about February 2, 1880, in consideration pf $90 then paid, the defendant, at Darien, Wisconsin, agreed with the plaintiff in writing to transport one car-load of goods, consisting of household goods, farming implements, one pair of horses, and some lumber, described therein as the property of the plaintiff, from said Darien to Plum Creek, in the state of Nebraska.
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APPEAL from the Circuit Court for Walworth County. The case is thus stated by Mr. Justice Cassoday: “ On or about February 2, 1880, in consideration pf $90 then paid, the defendant, at Darien, Wisconsin, agreed with the plaintiff in writing to transport one car-load of goods, consisting of household goods, farming implements, one pair of horses, and some lumber, described therein as the property of the plaintiff, from said Darien to Plum Creek, in the state of Nebraska. The writing recited that the property was received of the plaintiff at the former place and consigned to him at the latter…
1Opinion of the CourtCassoday, J.
Notwithstanding the plaintiff is described in the contract of carriage as consignor, consignee, and sole owner, yet the defendant seeks to escape liability for the repayment of the excessive exaction on the sole ground that the plaintiff was not the owner of the property, and did not personally furnish and pay the overcharge. Is such a defense available?
The question has elicited much discussion, and the adjudicated cases upon it present a considerable disagreement. We make no attempt to reconcile an irreconcilable conflict. It is enough to know that our conviction as to the law applicable has…
2Cases cited5 opinions
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Southern Express Co. v. CraftMississippi Supreme Court · 1873
- Allen v. KennedyWisconsin Supreme Court · 1880
- Northern Line Packet Co. v. ShearerIllinois Supreme Court · 1871
3Cited by5 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Herman v. City of OcontoWisconsin Supreme Court · 1898
- Salter v. KruegerWisconsin Supreme Court · 1886
- Platt v. Iron Exchange BankWisconsin Supreme Court · 1892
- Peters v. KanzenbachWisconsin Supreme Court · 1922