Kirst v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The caséis thus stated by Mr. Justice Cole: “ The complaint avers a failure on the part of the defendant company to deliver to the consignee three carboys of acid, and alleges that such carboys, through the negligence and default of the agents of the defendant, were broken and discharged.
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APPEAL from the County Court of Milwaukee County. The caséis thus stated by Mr. Justice Cole: “ The complaint avers a failure on the part of the defendant company to deliver to the consignee three carboys of acid, and alleges that such carboys, through the negligence and default of the agents of the defendant, were broken and discharged. The plaintiffs make a part of their complaint the receipt given by the company on the delivery of the goods in question for transportation, in which receipt it is expressly stipulated that the company shall not be responsible for the breakage of any carboys…
1Opinion of the CourtCole, J.
On the part of the defendant it is claimed, that, under the stipulation in the receipt limiting the liability of the carrier, the defendant was simply a bailee for hire of the carboys; and that therefore negligence or default on its part would not be presumed, but must be affirmatively shown by the party charging it, and seeking a recovery founded thereon. The general soundness of this argument may be conceded. But the precise question here is, whether, when the carboys were shown to be in the possession or under the control of the defendant, and a breakage occurred from switching, which, in…
2Cases cited1 opinion
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
3Cited by18 opinions
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Trogun v. FruchtmanWisconsin Supreme Court · 1973
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Howser v. Cumberland & Pennsylvania RailroadCourt of Appeals of Maryland · 1894
- Mulcairns v. City of JanesvilleWisconsin Supreme Court · 1886
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