Legal Opinion

Blade v. Chicago, St. Paul, & Fond du Lac Railroad

Wisconsin Supreme Court

Decided December 14, 1859PublishedCited by 4 opinions

APPEAL PROM CIRCUIT COURT, ROCK COUNTY. This is an action brought by the plaintiffs, Aaron Blade and Charles C. Shoyer, against the defendants, The Chicago, St. Paul, and Fond du Lac Railroad Company, as common carriers, in the circuit court for Rock county, to recover damages for injuries done to six bales of domestic goods, delivered to the defendants at Chicago, and by the defendants for good and legal consideration to be freighted over the road of the defendants, and to…

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APPEAL PROM CIRCUIT COURT, ROCK COUNTY. This is an action brought by the plaintiffs, Aaron Blade and Charles C. Shoyer, against the defendants, The Chicago, St. Paul, and Fond du Lac Railroad Company, as common carriers, in the circuit court for Rock county, to recover damages for injuries done to six bales of domestic goods, delivered to the defendants at Chicago, and by the defendants for good and legal consideration to be freighted over the road of the defendants, and to be delivered to the plaintiffs, at Janes-ville, Wisconsin. The facts of the evidence given in the case are, sufficiently…

1Opinion of the Court

By the Court,

Cole, J.

The only question which we have to consider in this case is whether the receipt given by the company, when the goods mentioned in the pleadings were received from the prior carrier, is conclusive upon them as to the condition of the goods at that time; or whether, notwithstanding the receipt stated that the goods were received in-“apparent good order,” it was competent for the company to show, by parol testimony, that the goods must have been injured before they came into the possession of the respondent.

The goods in question consisted of several bales of domestics, and…

2Cases cited1 opinion

  1. Warden v. GreerSupreme Court of Pennsylvania · 1837

3Cited by4 opinions

  1. Ellis v. NilsonNebraska Supreme Court · 1934
  2. In Re Estate of DavidsonSupreme Court of Minnesota · 1926
  3. L. Struebing Co. v. Merchants Despatch Transportation Co.Wisconsin Supreme Court · 1910
  4. Aros v. American Shipbuilding Co.Ohio Court of Appeals · 1933

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