Hickey v. Chi., M. & St. P. Ry. Co.
| Decision Date | 23 December 1885 |
| Citation | 64 Wis. 649,26 N.W. 112 |
| Court | Wisconsin Supreme Court |
| Parties | HICKEY AND ANOTHER v. CHICAGO, M. & ST. P. RY. CO. |
OPINION TEXT STARTS HERE
Appeal from circuit court, Sauk county.
In February, 1883, the plaintiffs shipped over the railroad of the defendant company two car-loads of potatoes from Lyndon, in Juneau county, to Chicago. The cars were fitted up by the plaintiffs, with a bin in each end, so constructed as to admit the circulation of air under and on all sides of them. A stove was placed in the center of each car, and one of the plaintiffs went with the cars to Chicago, and kept fires in both stoves during the transit. There were very nearly 800 bushels of potatoes so shipped, and, by special contract, the shipment was at the risk of the plaintiffs. The cars reached Milwaukee in due course of transportation, and, while standing on a side track preparatory to being attached to the proper train for Chicago, or while being so attached, they were run against by a locomotive, with sufficient violence to break down two of the bins,--one in each car,--so that the potatoes ran into the center of the cars, overturning one of the stoves and breaking it, and so injuring the bins that the circulation of warm air about them was impeded. The defendant's employes at once repaired the bin, and righted up the damaged stove, so that a fire could be kept in it, and the cars were sent to Chicago and reached there without delay. At Chicago it was found that some of the potatoes in both cars were frozen. They were assorted by the commission men employed by the plaintiffs to sell them, and the sound potatoes were weighed and sold. A shrinkage of 52 bushels was disclosed by such weighing. Had there been no frozen potatoes in the cars, they would have sold for 85 cents per bushel, but because some were frozen, and an assorting was necessary, they only sold at an average price of 70 cents per bushel. The plaintiffs claim that the freezing was occasioned by the injury to the bins in Milwaukee, and that such injury was caused by the negligence of the defendant's servants and employes. They brought this action to recover the damages resulting from such negligence. They itemize their claim as follows: Loss of 52 bushels, at 85 cents, $44.20; depreciation in the value of those not frozen, 744 bushels, at 15 cents, $111.60; damage to stove, $6; total, $161.80; less 5 per cent commission on $44.20, being $2.21; amount of claim, $159.59. No question arises on the pleadings. The jury found specially that 26 bushels of the potatoes were frozen in transit through the negligence of the defendant, and that the balance found in a frozen condition at Chicago were frozen when they were put into the...
To continue reading
Request your trial
-
Musbach v. Wis. Chair Co.
...must show, by reasonably direct evidence, that the defect, and not something else, caused the injury.” See, further, Hickey v. Railway Co., 64 Wis. 649, 26 N. W. 112;Spencer v. Railway Co., 105 Wis. 311, 81 N. W. 397;Gas Co. v. Kaufman (Ky.) 48 S. W. 434. The danger of a miscarriage of just......
-
Farm & Cattle Loan Co. v. Faulkner
...... have been vacated; Clinch vs. Kinova, 15 So. 427;. Pepperill vs. City Park, 45 P. 743; City vs. Shropshire, 37 S.E. 168; Hickey vs. Ry. Co., 26. N.W. 112; verdicts based upon conjecture cannot stand;. Pleasance vs. Fant, 22 Wall. 116; the verdict should. have been for ......
-
Maitland v. Gilbert Paper Co.
...28 Wis. 236;Hutchinson v. Railway Co., 41 Wis. 541;City of Seymour v. Town of Seymour, 64 Wis. 16, 24 N. W. 493;Hickey v. Railway Co., 64 Wis. 649, 26 N. W. 112;Austin v. Railway Co., 93 Wis. 496, 67 N. W. 1129. The judgment of the circuit court is reversed, and the cause remanded for a new ...
-
N. Supply Co. v. Wangard
...Probably counsel for respondent would readily have consented to an amendment of the verdict in that respect. Hickey et al. v. C., M. & St. P. Ry. Co., 64 Wis. 649, 26 N. W. 112, condemning a verdict based on conjecture, so far as we can see, has no application here. There it was clear that ......