Bassett v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. This action was brought by the plaintiff to recover damages for injuries alleged to have been suffered by a race horse belonging to him while in shipment from Ottawa, Illinois, to Manitowoc, Wisconsin. The complaint alleges in substance that at 6 p. m.
Read the full summary
Appeal from a judgment of the municipal court of Lang-lade county: T. W. Hogan, Judge. This action was brought by the plaintiff to recover damages for injuries alleged to have been suffered by a race horse belonging to him while in shipment from Ottawa, Illinois, to Manitowoc, Wisconsin. The complaint alleges in substance that at 6 p. m. August 14, 1917, a race horse, a mare, valued at $1,000, was delivered to and accepted by the Chicago, Rock Island & Pacific Ráilway Company at Ottawa, Illinois, for shipment via it and the defendant railroad to Manitowoc, Wisconsin; that the mare was in…
1DissentKerwin, J.
I cannot agree with so much of the opinion as holds or intimates that Tradewell v. C. & N. W. R. Co. 150 Wis. 259, 136 N. W. 794, should be overruled. In that case it was established as a basis of the opinion that through mistake or inadvertence the value of the property was inserted in the bill of lading at about one tenth of its value. In other words, there was no agreement for a one-tenth valuation or any valuation less than the true value.
In my opinion the TradeweU Case is in harmony with the letter and spirit of the Carmack amendment to the Hepburn act and is not in conflict with the…
2Cases cited5 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Hocks v. SprangersWisconsin Supreme Court · 1902
- Pringle v. DunnWisconsin Supreme Court · 1876
- Tradewell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1912
- Murphy v. StateWisconsin Supreme Court · 1907