Ullman v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: S. D. HastiNgs, Jr., Circuit Judge. Action to recoTer the value of a horse shipped by plaintiff over defendant’s road and so badly injured in the transportation as to render it useless and of no value to plaintiff. The jury found all the issues in plaintiff’s favor and assessed the value of the horse at $225, for which sum, with interest, his counsel moved for judgment.
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Appeal from a judgment of the circuit court for Oconto county: S. D. HastiNgs, Jr., Circuit Judge. Action to recoTer the value of a horse shipped by plaintiff over defendant’s road and so badly injured in the transportation as to render it useless and of no value to plaintiff. The jury found all the issues in plaintiff’s favor and assessed the value of the horse at $225, for which sum, with interest, his counsel moved for judgment. The motion was granted, defendant’s counsel excepting to the ruling upon the ground, among others, that if plaintiff was entitled to recover at all such right was…
1Opinion of the CourtMarshall, J.
The learned trial court correctly decided that if appellant and respondent, when their' contract was made, as a part thereof fairly agreed upon the value of the horse as a basis for the charges for transporting it and responsibility for its safety in respect to dangers from negligence on the part of the carrier, such agreement was valid and limited the right of respondent to the recovery of §100 and interest. That is the settled law, notwithstanding in a few jurisdictions such doctrine is not recognized; and it applies where the maximum, as well as where the actual, value is agreed upon. The…
2Cases cited34 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Nave v. FlackIndiana Supreme Court · 1883
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
29 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Amoco Production Co. v. Stauffer Chemical Co.Wyoming Supreme Court · 1980
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Beaumont, Sour Lake & Western Railway Co. v. SchmidtTexas Supreme Court · 1934
- Beaumont, S. L. & W. Ry. Co. v. SchmidtTexas Commission of Appeals · 1934
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
16 more not listed; retrieve them via the Exa API.