Tolman v. Abbot
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. At the time the alleged cause of action herein accrued, the defendants Abbot and Stewart were trustees in possession and operating the Wisconsin Central Railroad, haying its northern terminus at the city of Ashland. In the same capacity they also occupied a dock in that city on Chequam-egon bay, and a warehouse thereon, which are connected by tracks with the main line of their railroad.
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APPEAL from the Circuit Court for Ashland County. At the time the alleged cause of action herein accrued, the defendants Abbot and Stewart were trustees in possession and operating the Wisconsin Central Railroad, haying its northern terminus at the city of Ashland. In the same capacity they also occupied a dock in that city on Chequam-egon bay, and a warehouse thereon, which are connected by tracks with the main line of their railroad. They received freight at such dock and warehouse for vessels navigating Lake Superior and the other lakes, and delivered the same therefrom on board such…
1Opinion of the CourtLyon, J.
The plaintiff alleges in his complaint, in substance, that the defendants are common carriers of freight for hire between Ashland and Washburn, and that as such they agreed with plaintiff safely to' carry the hack from the former to the latter place, but negligently and carelessly failed to do so. This is the grmmnen of the action. It is quite immaterial whether the action sounds in contract for the breach of the alleged contract, or in tort for a breach of duty by the defendants as common carriers. In either case, the breach of the alleged contract of carriage is the basis of the action;…
2Cases cited4 opinions
- Candee v. Pennsylvania RailroadWisconsin Supreme Court · 1867
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Cain v. WestonWisconsin Supreme Court · 1870
- Hansen v. Flint & Pere Marquette RailroadWisconsin Supreme Court · 1889
3Cited by4 opinions
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Berger-Crittenden Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Hartley v. St. Louis, Keokuk & North Western RailroadSupreme Court of Iowa · 1902
- Southern Pacific Co. v. LarrimoreArizona Supreme Court · 1920