Parmelee v. Western Transportation Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action to recover the value of goods alleged to have been lost while in the custody of defendant as a common carrier.
Read the full summary
APPEAL from the Circuit Court for Walworth County. Action to recover the value of goods alleged to have been lost while in the custody of defendant as a common carrier. The complaint avers that about the 4th of October, 1867, the plaintiff delivered to the defendant, at the village of Chittenango, New York, and defendant then and there accepted and received from the plaintiff, as a common carrier, on board of a certain canal boat of the defendant, called the “ Michigan of" Buffalo,” and commanded by one Capt. Freeman as master, certain boxes and chests of clothing, goods and household…
1Opinion of the CourtPaine, J.
We do not think there was sufficient evidence to justify the court below in submitting to the jury the question whether the defendant made a through *447contract to transport the goods to Delavan, Wisconsin. The receipt given by Hutchins did not purport to be a contract of transportation. It stated that the property was received in store; and whatever contract it imported was as forwarder, not as carrier. The only thing in it tending to the contrary conclusion is the statement of the price of freight from Buffalo. But that appears to be nothing more than a memorandum, and may well have been added…
2Cited by3 opinions
- Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Smith v. . R. R.Supreme Court of North Carolina · 1894
- Hansen v. Flint & Pere Marquette RailroadWisconsin Supreme Court · 1889