McLaren v. Detroit & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. On tbe 13tb of December, 1864, the defendant company received from the plaintiffs at Milwaukee, thirty-five tierces of lard, consigned to Buffalo, N. Y., and gave plaintiffs a receipt therefor, which declared that the lard was to he transported by its road to Detroit, and there delivered to the next connecting railroad corporation or other transportation line, and in like manner to be delivered to each connecting…
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APPEAL from the Circuit Court for Milwaukee County. On tbe 13tb of December, 1864, the defendant company received from the plaintiffs at Milwaukee, thirty-five tierces of lard, consigned to Buffalo, N. Y., and gave plaintiffs a receipt therefor, which declared that the lard was to he transported by its road to Detroit, and there delivered to the next connecting railroad corporation or other transportation line, and in like manner to be delivered to each connecting corporation until it should have reached its destination. Said lard left Milwaukee on the 24th of the same month, and reached…
1Opinion of the CourtCole, J.
It appears to us that there is not enough shown in this case to excuse the company. Having received the lard, it was under obligation to transport it within a reasonable time to the terminus of its road, Detroit, and tender it to the next carrier to be transported to its destination. This, it is admitted, the company did not do. There was a long delay, much beyond the period usually required to transport goods from Milwaukee to Detroit at that season of the year. But it is said that the defendant was excused from performing its contract to deliver the goods to the next connecting line at…
2Cited by3 opinions
- Blodgett v. AbbotWisconsin Supreme Court · 1888
- Burt v. AmbroseOregon Supreme Court · 1883
- Courteen v. Kanawha DispatchWisconsin Supreme Court · 1901