Legal Opinion

Franke v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided November 4, 1919PublishedCited by 12 opinions

Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. February 20, 1918, the plaintiff at Minneapolis, Minnesota, delivered to the defendant, Chicago & Northwestern Railway Company, a carload of corn for transportation to Werley, Wisconsin, and for delivery to one Ketterer upon payment by him of a draft attached to the bill of lading covering and issued at the time of shipment by said defendant.

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Appeal from an order of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. February 20, 1918, the plaintiff at Minneapolis, Minnesota, delivered to the defendant, Chicago & Northwestern Railway Company, a carload of corn for transportation to Werley, Wisconsin, and for delivery to one Ketterer upon payment by him of a draft attached to the bill of lading covering and issued at the time of shipment by said defendant. The complaint further alleged that in breach of such duty the defendant delivered the car to Ketterer without presentation or payment of the draft or bill of…

1Opinion of the Court

The following opinion was filed June 25, 1919:

Eschweiler, J.

The power and authority of Mr. Mc-Adoo as director general of railroads cannot exceed that which can be lawfully vested in him by proclamation or order of the President, and he in turn receives his power and authority over the subject matter here concerned by and through the legislative declaration embodied in the federal control act of March 21, Í918 (40 Ü. S. Stats, at Large, 451, ch. 25). Whatever general language is used in this act conferring power ón the President must be construed to be given for the purpose of enabling him to…

2Cited by12 opinions

  1. Globe & Rutgers Fire Ins. v. HinesCourt of Appeals for the Ninth Circuit · 1921
  2. Hines v. DahnCourt of Appeals for the Eighth Circuit · 1920
  3. Gundlach v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1920
  4. Baker v. BellCourt of Appeals of Texas · 1919
  5. Fitzsimmons Ex Rel. Fitzsimmons v. Missouri Pacific RailroadSupreme Court of Missouri · 1922

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