Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The facts are sufficiently stated in the opinion. The defendant appealed from the judgment. They argued, among other things, that as between shipper and carrier, when the articles are designed for a special purpose, that fact must be communicated to the carrier at the time of contract, as a condition precedent, to make the foundation for special damages such as were recovered in this case.
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APPEAL from the Circuit Court for Milwaukee County. The facts are sufficiently stated in the opinion. The defendant appealed from the judgment. They argued, among other things, that as between shipper and carrier, when the articles are designed for a special purpose, that fact must be communicated to the carrier at the time of contract, as a condition precedent, to make the foundation for special damages such as were recovered in this case. Chicago, B. db Q. R. R. Go. v. Hale, 83 Ill. 860; Illinois G. R. R. Go. v. Gol>b, 64 id. 128-141; Hammer v. Roncenfelder, 47 Wis. 456-9; 1 Suth. on Dam.…
1Opinion of the Court
Cole, O. J.
On the 10th of November, 1882, the plaintiff, as consignee, caused to be delivered to the defendant, a common carrier, at St. Louis, a pipe-machine, circular shaft, box of dies, and wrenches accompanying and being a part of the pipe-machine, to be transported over its road and connecting lines to Milwaukee. The machine and its attachments were badly broken and destroyed while in the custody of the defendant through the negligence of its servants. The machine was a patented one, and the right to make and sell it was vested in the manufacturer at St. Louis, of whom it was purchased…
2Cases cited5 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Nudd v. WellsWisconsin Supreme Court · 1860
- Brayton v. ChaseWisconsin Supreme Court · 1854
3Cited by11 opinions
- Chapman v. . FargoNew York Court of Appeals · 1918
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- Shadbolt & Boyd Iron Co. v. TopliffWisconsin Supreme Court · 1893
- Brand v. WeirAppellate Terms of the Supreme Court of New York · 1899
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