Bigelow v. Chicago, Burlington & Northern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wxmau, Circuit Judge. In the summer of 1896 plaintiff was, and for some years had been, a dealer in ice at La Crosse, with customers to the southward, mainly on the line of the defendant’s railroad and connections.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wxmau, Circuit Judge. In the summer of 1896 plaintiff was, and for some years had been, a dealer in ice at La Crosse, with customers to the southward, mainly on the line of the defendant’s railroad and connections. Plaintiff claims that about the 1st of August the defendant’s station and freight agent at La Crosse came to him, and called his attention to a quantity of ice stored at the abattoir just outside the city limits, which was for sale, and urged him to purchase it. The abattoir was located on a track of the…
1Opinion of the CourtDodge, J.
1. The power of the corporation to make the contract in question is strenuously denied. That contract, *112in its ultimate analysis, was merely to transport merchandise between two points, neither of which is on its own line,— over which, however, most of the carriage was to be. While such a contract, involving either the delivery over another road beyond its own line, or the bringing of merchandise over another line to its own, has much support from well-considered decisions, we need not here decide it. Whether ultra vires or not, the defendant cannot raise that question against the plaintiff…
2Cases cited2 opinions
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