Courteen v. Kanawha Dispatch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNoe W. Halsey, Circuit Judge. Action to recover the value of two shipments of peas. The defendant the Kmiomha Dispatch is a joint agency under which the other defendant and certain railroads make contracts for the carriage of freight over their connecting lines.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNoe W. Halsey, Circuit Judge. Action to recover the value of two shipments of peas. The defendant the Kmiomha Dispatch is a joint agency under which the other defendant and certain railroads make contracts for the carriage of freight over their connecting lines. The peas in question were shipped from Manitowoc, Wisconsin, on March 22 and March 26, 1897, under a contract with the first-named defendant, and were to be carried by rail to Newport News, Yirginia, and thence by Chesapeake & Ohio Steamship Company to Liverpool,…
1Opinion of the CourtBaedeeN, J.
Under the law of this state, a valid contract may be made limiting the common-law liability of a common carrier in any respect except exemption from the consequence of negligence. Schaller v. C. & N. W. R. Co. 97 Wis. 31; Lamb v. C., M. & St. P. R. Co. 101 Wis. 138; Densmore C. Co. v. D., S. S. & A. R. Co. 101 Wis. 563. See Morrison v. Phillips & C. C. Co. 44 Wis. 405. The plaintiff contends, and the defendants admit, that it was the duty of the railway company to deliver the peas to the steamship company with *613all reasonable promptness and dispatch, and for failure to do so an action would…
2Cases cited8 opinions
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Morrison v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1878
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Densmore Commission Co. v. Duluth, South Shore & Atlantic RailwayWisconsin Supreme Court · 1899
- Lewis v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1900
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3Cited by2 opinions
- V. Rivera S. en C. v. Texas N. O. R. Co.Supreme Court of Louisiana · 1947
- Washburn Crosby Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1902