Black v. Goodrich Transportation Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action, to recover the value of a barrel of whisky alleged, to have been lost while being transported by the defendant company. The action was commenced in justice’s court and removed thence, by appeal, to the county court, where it was tried by the court without a jury.
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APPEAL from the County Court of Milwaukee County. Action, to recover the value of a barrel of whisky alleged, to have been lost while being transported by the defendant company. The action was commenced in justice’s court and removed thence, by appeal, to the county court, where it was tried by the court without a jury. The facts are thus stated by Mr. Justice Taylor: “ It is admitted on the record that the defendant is and was a common carrier of goods and merchandise from the city of Milwaukee, in this state, to Escanaba, in the state of Michigan, as well as to and from other places; that…
1Opinion of the CourtTaylok, J.
The appellant claims that the judgment is erroneous, and alleges that according to the contract set out in the receipt it was not liable in case of loss, beyond the sum of $20. It is insisted by the learned counsel for the appellant: (1) That the receipt must be read as an express contract between the parties that in case the whisky was lost or destroyed while in the hands of the appellant as a carrier from any cause or by any means, the damages to be recovered by the respondent for such loss or destruction should be limited to $20, irrespective of its real value. (2) If the contract cannot…
2Cases cited14 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Westcott v. . FargoNew York Court of Appeals · 1875
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Belger v. . DinsmoreNew York Court of Appeals · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Railway Co. v. WynnTennessee Supreme Court · 1890
- Terre Haute & Logansport Railroad v. SherwoodIndiana Supreme Court · 1892
23 more not listed; retrieve them via the Exa API.