Burns v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: S. D. Hastings, Je., Circuit Judge. This is an action for damages caused by alleged negligent delays in the carriage of two carloads of horses over the defendant’s road, and by neglect to feed and water said horsea while in transit. The facts were not greatly in dispute.
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Appeal from a judgment of the circuit court for Oconto county: S. D. Hastings, Je., Circuit Judge. This is an action for damages caused by alleged negligent delays in the carriage of two carloads of horses over the defendant’s road, and by neglect to feed and water said horsea while in transit. The facts were not greatly in dispute. It appears that on the 7th of January, 1896, the plaintiff shipped sixteen horses in two freight cars on the defendant’s road at Oconto to Boyd’s log track, in the state oi Michigan, a distance of about 130 miles. This log track is a spur about three miles in…
1Opinion of the CourtWinslow, J.
The evidence clearly shows that the transportation of the horses from Oconto to Sidnaw proceeded according to the ordinary and regular course of train. The route from Oconto to Sidnaw was not a continuous line, but a combination of various lines connecting at junctions, but not traversed by any train for the whole distance continuously. At these junctions there were delays of hours at a time, which were indicated upon the scheduled time-tables of the defendant company, and of which shippers must take notice, and which, consequently, can form no ground for a charge •of negligence. Lowe v. E.…
2Cases cited7 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Klatt v. N. C. Foster Lumber Co.Wisconsin Supreme Court · 1897
- Abrams v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1894
- Brockway v. American Express Co.Massachusetts Supreme Judicial Court · 1897
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