Bichlmeir v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit' court for Barron county: Geoege THOMPSON, Judge. On or about October 1, 1912, plaintiff delivered a certain amount of apples to tbe Missouri Pacific Railway Company at Willis, Kansas, for shipment to Almena, Wisconsin, a station on defendant’s line. When tbe apples arrived there was a shortage in weight of nearly one fifth, due, it is alleged, to the negligence of the defendant, and damages for such shortage are demanded.
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Appeal from a judgment of tbe circuit' court for Barron county: Geoege THOMPSON, Judge. On or about October 1, 1912, plaintiff delivered a certain amount of apples to tbe Missouri Pacific Railway Company at Willis, Kansas, for shipment to Almena, Wisconsin, a station on defendant’s line. When tbe apples arrived there was a shortage in weight of nearly one fifth, due, it is alleged, to the negligence of the defendant, and damages for such shortage are demanded. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The…
1Opinion of the CourtViNje, J.
The complaint specifically alleges that the loss in transit occurred while the apples were in the custody of the defendant and by reason .of its negligence. The defendant was the last carrier and the Missouri Pacific Railway Company the initial carrier, and the shipment was an interstate one. Two questions arise upon the demurrer. (1) Since the enactment of the Carmack amendment (34 U. S. Stats, at Large, 595, cli. 3591), may an action for damage to goods in an interstate shipment be maintained against a carrier who negligently causes such damage but who is not the initial carrier ? and (2)…
2Cases cited7 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Chicago, Burlington & Quincy Railway Co. v. MillerSupreme Court of the United States · 1913
- Siggins v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
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3Cited by7 opinions
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Acme Fast Freight, Inc.Supreme Court of the United States · 1949
- Bassett v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
- Baird Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1917
- Carr v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1916
2 more not listed; retrieve them via the Exa API.