Frank A. Graham Ice Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeals from an order of the circuit court for Milwaukee county: E. C. Esohweilek, Circuit Judge. -, This action was brought to recover $2,416.71, alleged excessive freight charges charged plaintiff by defendant on shipments of ice from points in Wisconsin on the line of defendant’s railroad between August 20, 1906, and September 26, 1909. The complaint charges in effect that the respondent operated a line of its railroad from the following points in.
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Appeals from an order of the circuit court for Milwaukee county: E. C. Esohweilek, Circuit Judge. -, This action was brought to recover $2,416.71, alleged excessive freight charges charged plaintiff by defendant on shipments of ice from points in Wisconsin on the line of defendant’s railroad between August 20, 1906, and September 26, 1909. The complaint charges in effect that the respondent operated a line of its railroad from the following points in. Wisconsin, namely, Merton, North Lake, Random Lake, Pewau-kee, Burlington, and Waukesha, to certain freight yards located in Milwaukee,…
1Opinion of the CourtKerwin, J.
The contentions of counsel for appellant here are grounded upon four principal propositions, namely: (1) The common-law right to recover for excessive freight rates is still in force in Wisconsin. (2) Sec. 1798, Stats., is declaratory of the common-law right to recover for excessive freight rates. (3) The remedy provided by secs. 1797— 37m (Laws of 1907, ch. 582) and 1797 — 12a (Laws of 1909, ch. 271) for the recovery of excessive freight rates is concurrent and alternative and not an exclusive remedy. (4) If the remedy afforded by secs. 1797 — 37m, 1797 — 12a, Stats., and sec. 16, ch. 362,…
2Cases cited13 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Second Employers'liability CasesSupreme Court of the United States · 1912
- The LottawannaSupreme Court of the United States · 1875
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Doney v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
- Gulf, C. & S. F. Ry. Co. v. American Sugar Refining Co.Court of Appeals of Texas · 1939
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1914
- State ex rel. City of Superior v. Duluth Street Railway Co.Wisconsin Supreme Court · 1913
- Commonwealth Telephone Co. v. CarleyWisconsin Supreme Court · 1927
6 more not listed; retrieve them via the Exa API.