Chicago & Northwestern Railway Co. v. J. I. Case Plow Works
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an action to recover freight charges on a carload of lumber, consigned by the E.- C. Bradley Company of Cincinnati, Ohio, to the appellant, /. I. Case Plow Works, of Racine, Wisconsin.
Read the full summary
Appeal from an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is an action to recover freight charges on a carload of lumber, consigned by the E.- C. Bradley Company of Cincinnati, Ohio, to the appellant, /. I. Case Plow Works, of Racine, Wisconsin. The plaintiff alleges that on November 4, 1914, there was delivered to the Alabama & Great Southern Railway Company at Toomsuba, Mississippi, a carload of lumber by the firm of Smith & Brewster as consignors, to be transferred over the lines of that company and its connecting carriers to the defendant at…
1Opinion of the CourtSiebecker, C. J.
Do. the facts alleged in the separate defense constitute a defense by way of estoppel precluding the railroad company from collecting the freight charges fixed by law from defendant on this interstate shipment? The trial court held that the negligence of plaintiff’s agent at Racine in presenting an expense bill to defendant which showed that the freight charges for this shipment had been paid does not constitute an estoppel precluding collection of its claim for freight charges from the defendant. Such charges had not in fact been paid, but defendant in reliance on such incorrect bill paid…
2Cases cited7 opinions
- New York, New Haven & Hartford Railroad v. Interstate Commerce CommissionSupreme Court of the United States · 1906
- A. J. Phillips Co. v. Grand Trunk Western Railway Co.Supreme Court of the United States · 1915
- Texas & Pacific Railway Co. v. LeatherwoodSupreme Court of the United States · 1919
- New York, New Haven, & Hartford Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1913
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Consolidated Edison Co. v. Jet Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Corp. De Gestion Ste-Foy v. Fla. Power & LightDistrict Court of Appeal of Florida · 1980
- Houston & T. C. R. v. JohnsonTexas Commission of Appeals · 1931
- Waters v. Pfister & Vogel Leather Co.Wisconsin Supreme Court · 1922
- Wisconsin Power & Light Co. v. Berlin Tanning & Manufacturing Co.Wisconsin Supreme Court · 1957
12 more not listed; retrieve them via the Exa API.