Feelyater v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
1DissentEschweiler, J.
The common carrier making the contract for the through shipment was absolutely liable for the damage to the goods wherever such damage occurred, both at common law (Berger-Crittenden Co. v. C., M. & St. P. R. Co. 159 Wis. 256, 263, 150 N. W. 496) and by statute (sec. 1816c). It had no defense in this case except as to the amount of damages. It has a right of action over against any subsequent carrier which was in fact actually responsible for the injury. Sec. 1816c. There could be no issue here, therefore, between plaintiff and the initial carrier as to whether such initial carrier was…
2Cases cited3 opinions
- Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Stolze v. Ann Arbor RailroadWisconsin Supreme Court · 1912
- Berger-Crittenden Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915