Peet v. Chicago & North-Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The complaint in this action contained seven counts, the first five being for damages (amounting in the aggregate to $256) for the defendant’s neglect as a common carrier, in failing to deliver at New York city, within a reasonable time, five several consignments of flour. The form of the contracts between the parties is given in the opinion of the court.
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APPEAL from the Circuit Court for Winnebago County. The complaint in this action contained seven counts, the first five being for damages (amounting in the aggregate to $256) for the defendant’s neglect as a common carrier, in failing to deliver at New York city, within a reasonable time, five several consignments of flour. The form of the contracts between the parties is given in the opinion of the court. The sixth and seventh counts were for over-charges on freight, alleging damages amounting in the aggregate to $15.99, and interest thereon. It appears from the evidence that the consignees…
1Opinion of the Court
By the Court,
Cole, J.
The main object of this action is, to recover damages against the railroad company for delay in carrying a certain quantity of flour to New York city. The appellant is a manufacturer of flour at Neenah, Wisconsin, and delivered to the company at that place the flour, taking therefor a receipt or contract which reads as follows:
“ Chicago & Northwestern Nailway, Charles S. Tappan, general freight agent, Chicago, January 16th, 1862. Ne-ceived (as agents and forwarders) from E. W. Peet, the following packages (contents unknown) in apparent good order, viz: Marked — Acct. of…
2Cited by13 opinions
- Todd & Smith v. GatesWest Virginia Supreme Court · 1882
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Candee v. Pennsylvania RailroadWisconsin Supreme Court · 1867
- Detroit & Milwaukee Railroad v. Farmers' & Millers' Bank of MilwaukeeWisconsin Supreme Court · 1865
- Everdell v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1877
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