Uber v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Washington county: MartiN L. Lueck, Circuit Judge. This action was brought to recover damages occasioned by the loss of a carload of sheep pelts shipped from Monroe, Michigan, consigned to the “order of Mainzinger Bros., Milwaukee, Wisconsin, notify Uber Bros, at Hartford, Wisconsin.”
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Appeal from a judgment of tbe circuit court for Washington county: MartiN L. Lueck, Circuit Judge. This action was brought to recover damages occasioned by the loss of a carload of sheep pelts shipped from Monroe, Michigan, consigned to the “order of Mainzinger Bros., Milwaukee, Wisconsin, notify Uber Bros, at Hartford, Wisconsin.” The pelts were shipped September 10 or 11,1909, over the Lake Shore & Michigan- Southern Railway and received by defendant as connecting carrier at Franklin Park Junction, Illinois, on the 14th day of September, 1909, at 2:35 p. m. The car went forward from…
1Opinion of the Court
The following opinion was filed October 8, 1912:
KeRwiu, J.
It is first insisted by counsel for appellant that this action cannot be maintained because of the Carmack amendment to the Hepburn act (34 U. S. Stats, at Large, *434595, ah. 3591), which makes the initial carrier liable, hence the action in this case should have been commenced against the initial carrier, the Lake Shore & Michigan Southern Railway Company. This question was considered in Tradewell v. C. & N. W. R. Co. 150 Wis. 259, 136 N. W. 194, and this court said: “We think the rule established by this court, that action may be…
2Cases cited7 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Valin v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1892
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Stolze v. Ann Arbor RailroadWisconsin Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Glassman v. Chicago, Rock Island & Pacific RailwaySupreme Court of Iowa · 1914
- Elliott v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1915
- Denver & Rio Grande Railroad v. A. Peterson Grocery Co.Supreme Court of Colorado · 1915
- L. L. Richards MacHinery Co. v. McNamara Motor Express, Inc.Wisconsin Supreme Court · 1959
- Vogel v. Delaware, Lackawanna & Western RailroadWisconsin Supreme Court · 1919