Waters v. Becker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an appeal by the plaintiffs, Dudley E. Waters and Frank W. Blair, as receivers of the Pere Marquette Railroad Company, from a judgment for $12,442.13, damages awarded to defendant on his counterclaims.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. This is an appeal by the plaintiffs, Dudley E. Waters and Frank W. Blair, as receivers of the Pere Marquette Railroad Company, from a judgment for $12,442.13, damages awarded to defendant on his counterclaims. The pleadings include four causes of action and seven counterclaims, of which the third cause of action, the first, third, and fourth counterclaims are involved in this appeal.
1Opinion of the Court
Third cause of action.
Jones., J.
The complaint alleged that defendant caused to be shipped to him at Milwaukee six cars of coal which arrived during the months of October, November; and December, 1914; that although notified repeatedly, defendant refused to receive or reconsign the cars; that since there was no other storage place available the coal was allowed *623to remain on the cars until June 10, 1915, on which date plaintiff sold the coal for $594.60 in an effort to collect the lawful charges; and that there remained due to plaintiff for freight and demurrage charges the sum of $1,187.87.
Defe…
2Cases cited18 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910
- Interstate Comm. Comm. v. Ill. Cent. RRSupreme Court of the United States · 1910
- Pennsylvania Railroad v. Clark Bros. Coal Mining Co.Supreme Court of the United States · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Grand Trunk Western Railway Co. v. McKennaAppellate Court of Illinois · 1924