Chicago, Indianapolis & Louisville Railway Co. v. Peterson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. From the pleadings it appears that the defendants, co-partners engaged in the produce business, shipped two carloads of potatoes from Waupaca county in this state to Indianapolis, Indiana, and were sued by plaintiff, a common carrier, for the freight charges.
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Appeal from an order of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. From the pleadings it appears that the defendants, co-partners engaged in the produce business, shipped two carloads of potatoes from Waupaca county in this state to Indianapolis, Indiana, and were sued by plaintiff, a common carrier, for the freight charges. The defendants as consignors made themselves consignees, with directions to the plaintiff to notify a prospective customer by the name of Wilkerson at Indianapolis. In each of the bills of lading was a provision that the charges were guaranteed by…
1Opinion of the CourtEschweiler, J.
In interstate shipments of merchandise upon such bills of lading as were issued in this case the consignor is primarily liable for the freight charges, and the failure on the part of the common carrier to collect the freight charges from the consignee under the provisions of section 8 of the bill of lading, set forth in the statement of facts, even though thereby it loses its lien on the freight for such charges, is no defense. Great Northern R. Co. v. Hocking Valley F. C. Co. 166 Wis. 465, 166 N. W. 41.
The effect of the alleged custom or usage would be to substantially vary the express…
2Cases cited11 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Portland Flouring Mills Co. v. British & Foreign Marine Ins.Court of Appeals for the Ninth Circuit · 1904
- Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- New York Central Railroad v. Frank H. Buck Co.California Supreme Court · 1935
- Pennsylvania Railroad v. Midstate Horticultural Co.California Supreme Court · 1942
- Northern Wisconsin Produce Co. v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1931
1 more not listed; retrieve them via the Exa API.