Great Northern Railway Co. v. Hocking Valley Fire Clay Co.
Wisconsin Supreme Court
Appeal from a judgment of tbc superior court of Douglas county: CiiaRles Smith, Judge. This is an action by tbe plaintiff railway company to recover freight charges _ and demurrage from the defendant, the lloclcing Valley Fire Clay Company, a corporation which manufactures salt-glazed brick at Nelsonville, Ohio. Three carloads of brick were shipped on October 2/Tth and 28th by the defendant to the Bailey-Marsh Company, contractors at Orookston, Minnesota.
Read the full summary
Appeal from a judgment of tbc superior court of Douglas county: CiiaRles Smith, Judge. This is an action by tbe plaintiff railway company to recover freight charges _ and demurrage from the defendant, the lloclcing Valley Fire Clay Company, a corporation which manufactures salt-glazed brick at Nelsonville, Ohio. Three carloads of brick were shipped on October 2/Tth and 28th by the defendant to the Bailey-Marsh Company, contractors at Orookston, Minnesota. The brick was shipped via the Hocking Valley Railway Company, initial carrier, through intermediate carriers, to the Great Northern Railway…
1Opinion of the CourtSiebecKee, J.
The law is well established that the consignor of freight with whom the contract of shipment is made is liable to the carrier for the transportation charges unless there is an express agreement between the consignor and carrier exempting the consignor from such liability. The carrier may also look to the consignee to whom the goods are actually delivered for the payment of the freight charges. The consignor’s liability rests upon the agreement of the parties arising out of the transactions between them. In Blanchard v. Page, 8 Gray (74 Mass.) 281, 290, it is said:
“. . . Upon the ordinary…
2Cases cited1 opinion
- Coal & Coke Ry. Co. v. Buckhannon River Coal & Coke Co.West Virginia Supreme Court · 1915
3Cited by9 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
- New York Central Railroad v. Federal Sugar Refining Co.New York Court of Appeals · 1923
- Chicago, Indianapolis & Louisville Railway Co. v. PetersonWisconsin Supreme Court · 1918
4 more not listed; retrieve them via the Exa API.