Pierce v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Action to recover the value of eight bundles of bags, which had been in use for two seasons in transporting grain from Lake City, Minnesota, to Genoa, Wisconsin, by way of the river and the defendant’s railway.
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APPEAL from the Circuit Court for La Crosse County. Action to recover the value of eight bundles of bags, which had been in use for two seasons in transporting grain from Lake City, Minnesota, to Genoa, Wisconsin, by way of the river and the defendant’s railway. The complaint alleged that the bags were delivered by the packet company doing business on the river, to the defendant at La Crosse; and that defendant, as a common carrier, received said bags to be safely carried by it over its railway, and delivered at Milwaukee to the plaintiff, “ for a reasonable compensation to be paid by the…
1Opinion
On a motion for a rehearing, the counsel for respondent insisted that admitting the existence of a custom, such as contended for by the appellant, yet this would not exonerate the company, unless it appeared that knowledge of the custom was brought home to the respondent, and that he had assented thereto. Courts look with disfavor upon every attempt by common carriers to limit their liability. Falvey v. Northern Transp. Co., 15 Wis. 129. Besides, even if the bags were carried nominally “ free,” still their transportation was not in fact wholly gratuitous. The custom applied only to the bags…
2Cases cited3 opinions
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
- Falvey v. Northern Transportation Co.Wisconsin Supreme Court · 1862