78 Wis. 391 | Wis. | 1890
The pleadings, the undisputed evidence, and the special verdict establish the facts that the transportation company received the box of clothing in controversy at Chicago for shipment to Milwaukee, and failed to deliver the same to the plaintiffs, who were the owners and consignees thereof; also that the value of the contents thereof was $231. On these facts, were there no special contract restricting the liability of the transportation company for the loss of the box, there can be no doubt of the right of the plaintiff to recover such stipulated value. But counsel for the transportation company contend that the receipt given for the box at Chicago, by the transportation company, restricts its liability. Undoubtedly that receipt con
The judgment may also be upheld on other grounds. The contract of carriage in Exhibit A contains no express stipulation relieving the transportation company from liability for its own negligence, and the non-delivery of the box to plaintiffs — the circumstances of the loss thereof being unexplained — is presumptive evidence of negligence on the part of the transportation company. It was so held in Black v. Goodrich Transit. Co. 55 Wis. 319, where the question is fully discussed in the opinion by Mr. Justice Taylob, and many cases cited. Such is the settled law of this state.
Objection was made to the admission of certain testi
By the Oourt.— Tbe judgment of tbe circuit court is affirmed.