Hooper v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson Count y. In September, 1868, plaintiff shipped certain flour by the defendant company’s road, at a station in said county, and received a receipt or bill of lading therefor, in which the property was described as “100 barrels flour, marked to Harvey Scudder & Co., Boston, to be forwarded to Chicago station, upon the terms and conditions of the published tariff” of said company.
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APPEAL from the Circuit Court for Jefferson Count y. In September, 1868, plaintiff shipped certain flour by the defendant company’s road, at a station in said county, and received a receipt or bill of lading therefor, in which the property was described as “100 barrels flour, marked to Harvey Scudder & Co., Boston, to be forwarded to Chicago station, upon the terms and conditions of the published tariff” of said company. The complaint avers that it was the uniform usage of the company in such cases, and especially its uniform and well established usage and mode of doing business with the…
1Opinion of the CourtDixon, C. J.
It was not error to receive evidence as to the practice of shippers in giving directions, and the nsage of the company in complying with those directions, in forwarding goods consigned, as the goods in question were, from Chicago to their place of destination, by delivering them to the next carrier in the line of transportation directed. The bill of lading was silent upon that subject, and it was not, therefore, testimony to vary or contradict it. It was consistent with the bill of lading that such should have been the agreement or intention of the parties. The bill contained nothing to the…
2Cases cited10 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Converse v. Norwich & New York Transportation Co.Supreme Court of Connecticut · 1865
- Goold v. . ChapinNew York Court of Appeals · 1859
- Brintnall v. Saratoga & Whitehall RailroadSupreme Court of Vermont · 1860
- McDonald v. . Western Railroad CorporationNew York Court of Appeals · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Missouri Pacific Railway Co. v. SmithTexas Supreme Court · 1892
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Carter v. Southern Railway Co.Supreme Court of Georgia · 1900
- Southern Kansas Railway Co. v. MorrisTexas Supreme Court · 1907
- M. Lewis & Sons v. Illinois Cent. R.Tennessee Supreme Court · 1923
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