Nevius v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland' county: JohN K. Pabish, Circuit Judge. Action for injury, necessitating the killing of plaintiff’s-horse, resulting from a defective condition of the freight car-in which such horse was shipped.
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Appeal from a judgment of the circuit court for Ashland' county: JohN K. Pabish, Circuit Judge. Action for injury, necessitating the killing of plaintiff’s-horse, resulting from a defective condition of the freight car-in which such horse was shipped. The shipping receipt contained stipulation that: “The said shipper hereby accepts for transportation and acknowledges and admits the cars furnished by the railroad company to be sufficient and suitable cars in every respect for the shipment of said stock. . . . The car wherein the said stock is to be carried having been tendered to said shipper…
1Opinion of the CourtDodge, J.
The only error assigned is the refusal to direct a-verdict for defendant. That is supported by contention that the defect in the car"was so open and obvious that plaintiff’s-agent who loaded the horses must be conclusively presumed' to have known of it, and, so knowing, was guilty of such contributory negligence as to preclude recovery; also that, because of such knowledge, plaintiff was bound by the stipulation in the shipping receipt accepting the car and assuming-any risks from its condition. The inefficacy of such stipulation to relieve a carrier in case of negligence in supplying un*315suitab…
2Cases cited3 opinions
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Leonard v. WhitcombWisconsin Supreme Court · 1897
- Loeser v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
3Cited by2 opinions
- John Schroeder Lumber Co. v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1908
- Covington v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1916