Legal Opinion

Backhaus v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided February 18, 1896Published

Appeal from á judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action was brought to enforce an alleged liability of defendant, as a common carrier, for goods, belonging to» plaintiff, destroyed by fire while in possession of defendant. The facts requisite to a proper understanding of the case are sufficiently stated in the opinion.

1Opinion of the CourtMaRshaix, J.

Plaintiff, for a considerable period of time prior to the happening of the loss hereinafter mentioned, carried on the business of a commission merchant in the city of Milwaukee, handling and selling hops. He was not the owner of a warehouse, and had been accustomed to have his goods transported to Milwaukee over defendant’s line of railway, and to leave the property in its possession, at its warehouse, until sold or reshipped; and it had been the custom of defendant, upon receipt of any such property at Milwaukee over its line of road, to notify plaintiff by postal card, and of plaintiff to…

2Cases cited4 opinions

  1. Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
  2. Wood v. CrockerWisconsin Supreme Court · 1864
  3. Wood v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
  4. Parker v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1872

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