Legal Opinion

Tallman v. Chicago, Milwaukee & St. Paul Railway Co.

Wisconsin Supreme Court

Decided November 10, 1908PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Eoek •county; GeoRGKE Gkoum, Circuit Judge. This action was commenced in justice’s court and the plaintiff recovered judgment. It was tried on appeal in the circuit court by the court, a jury having been waived. Plaintiff claims damages for loss of baggage checked from Edgerton to Janesville, Wisconsin.

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Appeal from a judgment of the circuit court for Eoek •county; GeoRGKE Gkoum, Circuit Judge. This action was commenced in justice’s court and the plaintiff recovered judgment. It was tried on appeal in the circuit court by the court, a jury having been waived. Plaintiff claims damages for loss of baggage checked from Edgerton to Janesville, Wisconsin. The circuit court found that defendant was liable as a common carrier for the loss of articles mentioned in the complaint, and that plaintiff was entitled to recover $89.29, the value thereof, with interest ..and costs. Judgment was entered…

1Opinion of the CourtKeewiN, J.

The question involved is whether the liability of the defendant as common carrier continued until the time of the delivery of the telescope or grip in question to plaintiff’s teamster on the morning of June 25, 1906. It appears from the established facts that the plaintiff checked *651his grip at Edgerton on Sunday, June 24th, and took passage on the same train to Janesville, and arrived at the latter place shortly after 5 p. m.; that the telescope or grip was too heavy for plaintiff to carry, besides he had other baggage; that there were no conveyances at the station; that the telescope was in…

2Cases cited12 opinions

  1. Powell v. MyersNew York Supreme Court · 1841
  2. Curtis v. Avon, Geneseo & Mount Morris RailroadNew York Supreme Court · 1867
  3. Jones v. Norwich & New York Transportation Co.New York Supreme Court · 1867
  4. Chesapeake & Ohio Railway Co. v. BeasleySupreme Court of Virginia · 1906
  5. Hœger v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Louisville N. R. Co. v. HestleSupreme Court of Alabama · 1917
  2. Crowley Bros. v. Grand Trunk Railway Co.Michigan Supreme Court · 1915

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