Legal Opinion

Congar v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided February 15, 1869PublishedCited by 19 opinions

APPEAL from the Circuit Court for Walworth County. The plaintiffs shipped, by defendant’s road, trees and other nursery stock from Whitewater, in this state, directed to “Iuka, Iowa,” the consignees being resident in a Tillage of that name in Tama county, Iowa.

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APPEAL from the Circuit Court for Walworth County. The plaintiffs shipped, by defendant’s road, trees and other nursery stock from Whitewater, in this state, directed to “Iuka, Iowa,” the consignees being resident in a Tillage of that name in Tama county, Iowa. At Chicago, the goods were shipped by defendant’s agents, by the Chicago, Burlington and Quincy Railroad company, and, at Quincy, were transferred to the Quincy and Missouri railway, by which they were transported to Iuka, in Keokuk county, Iowa. In consequence of this mistake, they are alleged to have become worthless, and this action…

1Opinion of the Court

Dixon, Ch. J.

The decision of the court below, as shown by the written opinion of the learned judge found in the printed case, turned upon the point that, for the purpose of charging the company with negligence in shipping the goods over the wrong road, notice to any of its agents was notice to the company. In other words, the court held, that the knowledge of the agents residing in the state of Iowa, and transacting the business of the company there, of a place in that state named Iuka, and that goods destined for that place were to be deposited at the nearest station on the line of the…

2Cited by19 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
  3. Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1895
  4. Hill v. Carolina Power & Light Co.Supreme Court of South Carolina · 1943
  5. Admiral Insurance v. Paper Converting Machine Co.Wisconsin Supreme Court · 2012

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