Congar v. Galena & Chicago Union Railroad
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action for damages resulting from defendant’s negligence in transporting nursery stock belonging to the plaintiff.
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APPEAL from the Circuit Court for Dane County. Action for damages resulting from defendant’s negligence in transporting nursery stock belonging to the plaintiff. The complaint alleges that the defendant is a foreign corporation having property within this state, and doing business therein; that on the 5th of April, 1861, it was, and still is, a common carrier &c.; that on that day, at Janesville in this state, the plaintiff delivered to it four boxes of nursery stock (particularly described) worth $1200, in good condition, the property of the plaintiff, each box having attached to it plain…
1Opinion of the Court
By the Court,
Cole, J.
Tbe first objection taken in this cause is to tbe ruling of tbe court upon tbe application for a continuance. In tbe first instance, tbe application was founded upon tbe fact that tbe respondent bad taken on commission considerable testimony to be used on tbe trial without tbe company s having any opportunity to file cross interrogatories. The attorneys of tbe company filed affidavits, in- which they stated that they were taken by surprise to find that tbe commission bad been executed; that they bad used due diligence to prepare for trial in tbe view they bad taken of tbe…
2Cited by11 opinions
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Weyand v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Iowa · 1888
- Body v. Hartford Fire InsuranceWisconsin Supreme Court · 1885
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Common Pleas · 1869
- Weaver v. Southern Railway Co.Missouri Court of Appeals · 1909
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