Stephens v. Chicago & Northwestern Railway Co.

The case presents the single issue whether there was such unreasonable delay in transporting this shipment as to render the defendant company liable for the loss sustained by the plaintiffs. It is the duty of carriers to exercise due diligence to run their trains upon scheduled time. Cohen v. Minneapolis, St. P. & S. S. M. R. Co. 162 Wis. 73, 79, 155 N. W. 945. Liability for failure to run upon scheduled time is not established by mere proof of delay. At most proof of delay does no more than to place upon the carrier the "duty of explaining the cause of such delay.

The proof here clearly…