Goldberg v. Ahnapee & Western Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: S. D. HastiNgs, Je., Circuit Judge. One of the plaintiffs, a traveling man, sent his trunks, containing merchandise and not baggage, to the station of the defendant railway company at about 5 o’clock on the evening of January 27, 1897, intending to check them as baggage the next morning on a train leaving about 6 o’clock. During the night they were destroyed by fire, without fault or negligence of the defendant.
Read the full summary
Appeal from a judgment of the circuit court for Door county: S. D. HastiNgs, Je., Circuit Judge. One of the plaintiffs, a traveling man, sent his trunks, containing merchandise and not baggage, to the station of the defendant railway company at about 5 o’clock on the evening of January 27, 1897, intending to check them as baggage the next morning on a train leaving about 6 o’clock. During the night they were destroyed by fire, without fault or negligence of the defendant. Suit was brought for their value, and verdict found for the defendant on instructions not excepted to, from judgment on…
1Opinion of the CourtDodge, J.
1. The liability of a carrier for ordinary baggage while in its possession for carriage as such is very differ*3ent from the liability while the same articles are in storage with it. In the first case it is an insurer; in the latter, "liable only as a bailee for ordinary care. The exact point at which the possession for carriage begins and ends is not easy to define, but it is not such as to exclude some reasonable time at stations before and after actual transportation. After transportation the higher liability continues only for such time as is reasonably necessary to present duplicate checks…
2Cases cited3 opinions
- Green v. Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1874
- Hœger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Goodbar v. Wabash Railway Co.Missouri Court of Appeals · 1893
3Cited by2 opinions
- Cone v. Southern Ry.Supreme Court of South Carolina · 1910
- Tallman v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1908