Peet v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action for damages for defendant’s failure to deliver at tbe city of New Tort, within a reasonable time after their shipment, sundry consignments of flour. The decision of the court on a former appeal will be found in 19 Wis., 118-125. The form of the contract will be found set forth in that report.
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APPEAL from tbe Circuit Court for Winnebago County. Action for damages for defendant’s failure to deliver at tbe city of New Tort, within a reasonable time after their shipment, sundry consignments of flour. The decision of the court on a former appeal will be found in 19 Wis., 118-125. The form of the contract will be found set forth in that report. At the second trial, defendant’s evidence tended to show, among other things, that during the months within which plaintiff’s shipments were made, (January to April, 1862), the length of time usually required for carrying freight from Chicago to…
1Opinion of the CourtDowner, J.
At the trial, the circuit court gave to the jury, among others, the following instructions:
“ Third. That press of freight will not excuse failure to carry in ordinary time in cases where such press of freight was known by the company when they received the freight, and had existed a long time when the goods were received, unless they notified the shipper of the necessity of delay.”
“ Fourth. That press of freight will not excuse failure to carry in ordinary time, unless freight is carried in the order in which the same is received.”
“ Fifth. That in case of press of freight and consequent…
2Cases cited8 opinions
- Parsons v. HardyNew York Supreme Court · 1835
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Wibert v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Galena & Chicago Union Railroad v. RaeIllinois Supreme Court · 1857
- Sangamon & Morgan Railroad v. HenryIllinois Supreme Court · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. New York, New Haven & Hartford RailroadSupreme Judicial Court of Maine · 1913
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Tierney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1879
- Central of Georgia Railway Co. v. Greene & Co.Court of Appeals of Georgia · 1930
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.