Whitney v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from tlxe Circuit Court for Rock County. Action to recover for wool which had been shipped by plaintiffs in Wisconsin by the defendant company’s road, consigned to the plaintiffs themselves at Chicago, and which, before its removal by them from the' company’s “in-freight depot” at the last named city, was destroyed or injured in a fire which destroyed said depot.
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APPEAL from tlxe Circuit Court for Rock County. Action to recover for wool which had been shipped by plaintiffs in Wisconsin by the defendant company’s road, consigned to the plaintiffs themselves at Chicago, and which, before its removal by them from the' company’s “in-freight depot” at the last named city, was destroyed or injured in a fire which destroyed said depot. The character of the several counts in the complaint, and the grounds upon which defendant moved that plaintiffs be required to elect upon which causes of action they would proceed, or that on their failure to do so all hut…
1Opinion of the CourtCole, J.
We shall not attempt to notice all the exceptions taken to the rulings of the court below on the trial of this cause, but only those we deem the most important and material.
In the first place, it is insisted, on the part of the defendant, that the court below erred in refusing to compel the plaintiffs to elect whether they would charge the company for the property destroyed upon the liability of a common carrier, or upon that of a warehouseman. The complaint contained what would be called, under the former practice, five special counts; the first two charge the defendant upon its promise and…
2Cases cited1 opinion
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
3Cited by26 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Smith v. WilliamsOregon Supreme Court · 1947
- Farmers' Mercantile Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
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