Ayres v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The following statement of the case was prepared by Mr. Justice Oassoday: This case was here on a question of pleading upon a former appeal. 58 Wis. 537. The amended complaint is to the effect that the defendant, being a common carrier engaged in the transportation, of live-stock, and accustomed to furnish cars for all live-stock offered, was notified by the plaintiffs, on or about October 13, 1882, to have four such cars for…
Read the full summary
APPEAL from the Circuit Court for Sauk County. The following statement of the case was prepared by Mr. Justice Oassoday: This case was here on a question of pleading upon a former appeal. 58 Wis. 537. The amended complaint is to the effect that the defendant, being a common carrier engaged in the transportation, of live-stock, and accustomed to furnish cars for all live-stock offered, was notified by the plaintiffs, on or about October 13, 1882, to have four such cars for the transportation of cattle, hogs, and sheep' at its station La Yalle, and three at its station Reedsburg, ready for…
1Opinion of the CourtCassoday, J.
There is no finding of any agreement on the part of the defendant to have the cars in readiness at the stations on Tuesday morning, October 17,1882. There is no testimony to support such a finding. One of the plaintiffs testified, in effect, that he told the agent that he would want the cars on the morning of the day named; that the agent took down the order, put it on his book, and said, “ All right,” he would try and get them, but that they •were short because they were then using more cars for other purposes; that nothing more tvas said. It appears in the case that the cars were in fact…
2Cases cited19 opinions
- North Pennsylvania Railroad v. Commercial Bank of ChicagoSupreme Court of the United States · 1887
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Atlantic Coast Line Railroad v. Florida Fine Fruit Co.Supreme Court of Florida · 1927
- Pennington & Evans v. Douglas, Augusta & Gulf Railway Co.Court of Appeals of Georgia · 1908
- Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
22 more not listed; retrieve them via the Exa API.