Legal Opinion

Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

Wisconsin Supreme Court

Decided October 3, 1905PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Marinette county: Sakuel D. Hastings, Circuit Judge. Action to recover damages for breach of contract.

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Appeal from a judgment of the circuit court for Marinette county: Sakuel D. Hastings, Circuit Judge. Action to recover damages for breach of contract. The claim of the plaintiffs was, in the main, that the defendant breached its contract to furnish up to twenty cars per day to enable plaintiffs to ship cedar products delivered by them along its railroad track for that purpose at a station known as Corliss, where, by reason of conditions in the vicinity thereof, such products were exposed to great hazard of destruction by railroad and forest fires, and whereby the cedar was destroyed on the…

1Opinion of the Court

The following opinion was filed June 23, 1905:

MaRShall, J.

After the most careful consideration of the important questions in this case which the members of the court are capable of devoting thereto, they have been unable to agree as to how all of them should be decided which are vital to the judgment. Three members of the court, Justices *532Winslow, Dodge, and Siebeckee, are in favor of an affirmance of the judgment, while the Chief Justice, Justice Kee-win, and the writer are of the opinion that fatal error was committed in deciding the question of whether the facts found by the jury satisfy…

2Cases cited1 opinion

  1. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896

3Cited by3 opinions

  1. Hagenah v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  2. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
  3. Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017

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