Bradley v. Chi., M. & St. P. Ry. Co.
| Decision Date | 22 September 1896 |
| Citation | 94 Wis. 44,68 N.W. 410 |
| Court | Wisconsin Supreme Court |
| Parties | BRADLEY v. CHICAGO, M. & ST. P. RY. CO. |
OPINION TEXT STARTS HERE
Appeal from circuit court, Winnebago county; George W. Burnell, Judge.
Action by George W. Bradley against the Chicago, Milwaukee & St. Paul Railway Company. Judgment for plaintiff, and defendant appeals. Reversed.
Plaintiff, on the 4th day of June, 1892, delivered some boxes of goods, said to contain glass, to the defendant at Columbus, Wis., to be shipped over its line of railway to Deerfield, Wis. No information was given to defendant's agent or otherwise that such boxes contained property other than glass, or of any special use for which such goods were intended. Plaintiff was a traveling photographer, and the boxes contained implements and materials for use in his business. He intended to engage in such business at Deerfield immediately on the arrival of his goods at that point, and, anticipating such arrival, he went to Deerfield on the day the goods were delivered to defendant for shipment, and arranged for pursuing his calling upon their arrival. After waiting a sufficient length of time for the arrival of the goods at their destination if shipped direct and in the regular course of business, and failing to receive the same, plaintiff informed defendant's agent at Columbus of the character of such goods, and his purpose in shipping the same to Deerfield. Five days thereafter was a sufficient length of time for defendant, with the exercise of reasonable diligence, to have delivered the goods at Deerfield. Delivery was not made till ten days after the expiration of such period. The jury found specially the facts as above stated, except as they appeared uncontroverted upon the evidence, and that plaintiff sustained special damages to the amount of 75 cents freight charges for shipping and reshipping goods from Milwaukee, $6.50 for rent of a room and board while plaintiff was unreasonably delayed by failure to deliver the goods, and $80 for loss of profits in his business during such time. Defendant moved the court on the special verdict for judgment, which motion was denied, and defendant excepted. Plaintiff's attorneys moved the court for judgment in his favor for the damages found by the jury and costs, which motion was granted, and the defendant appealed.Barbers & Beglinger, for appellant.
Wesley Mott, for respondent.
MARSHALL, J. (after stating the facts).
The amount involved in this action, exclusive of costs, being less than $100, as shown by the judgment, only such questions of law can be considered as are certified to this court for that purpose by the trial court. Such questions are three in...
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Va.-carolina Peanut Co v. Atl. Coast Line R. R
...con tract so as to render the carrier liable for such damages, even in the event of a subsequent unreasonable delay." Bradley v. Railroad, 94 Wis. 44, 68 N. W. 410. In Illinois Central Railroad v. Johnson & Fleming, 116 Tenn. 624, 94 S. W. 600, Chief Justice Beard of the Supreme Court of Te......
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Virginia-Carolina Peanut Co. v. Atlantic Coast Line R.R.
...liable, although the subsequent delay is unreasonable." Upon facts similar to those presented in our case, the Wisconsin court, in Bradley v. Railroad, supra, "It is only necessary to apply a familiar principle of law in order to answer these questions. No principle of law is more firmly es......
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Kellogg v. Malick
...not do that such special circumstances came to the knowledge of the lessor after the execution of the lease. Bradley v. Chicago, M. & St. P. R. Co., 94 Wis. 44, 68 N. W. 410. As we understand the argument of counsel for respondents, some importance is attached to the finding that they were ......
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St.Louis & S. F. R. Co. v. Farmers' Union Gin Co.
...303, 50 L.R.A. 729, 78 Am. St. Rep. 933; Gulf, etc., R. Co. v. Loonie, 82 Tex. 323, 18 S.W. 221, 27 Am. St. Rep. 891; Bradley v. Chicago Ry. Co., 94 Wis. 44, 68 N.W. 410; Franklin v. L. & N. Ry. Co. (Ky.) 116 S.W. 765. The record shows that the gin stands should have reached their destinati......