Lamb v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse -county: O. B. WymaN, Circuit Judge. This action was brought to recover damages to a car load of strawberries shipped from South Haven, Michigan, to La Crosse, “Wisconsin, alleged to have resulted from the neglect of defendant in delaying the car and failing to ice it while in its possession, in the city of Chicago.
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Appeal from a judgment of the circuit court for La Crosse -county: O. B. WymaN, Circuit Judge. This action was brought to recover damages to a car load of strawberries shipped from South Haven, Michigan, to La Crosse, “Wisconsin, alleged to have resulted from the neglect of defendant in delaying the car and failing to ice it while in its possession, in the city of Chicago. On Saturday, June -6, 1896, one Delamere, a fruit dealer, shipped from South Haven a car load of strawberries consigned to plaintiff at La Crosse. The car was routed by way of the Michigan Central to Chicago, and thence by…
1Opinion of the CourtBaRdeek, J.
The most important ground of contention in this cáse is that the court ought to have taken the case from the jury and directed a verdict for the defendant. The berries were shipped under a contract that the carrier should not be liable for any damage to the property by causes beyond its control, or by changes in the weather, heat, or decay. Stipulations limiting the common-law liability of the carrier have been recognized and hpheld in many cases in this court. See cases cited in Schaller v. C. & N. W. R. Co. 97 Wis. 31. But the uniform tenor of the decisions is that such stipulations are…
2Cases cited8 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stolze v. Ann Arbor RailroadWisconsin Supreme Court · 1912
- Uber v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- Gehrke v. American Railway Express Co.North Dakota Supreme Court · 1931
- Courteen v. Kanawha DispatchWisconsin Supreme Court · 1901