101 Wis. 563 | Wis. | 1899
This action was brought to recover damages to two car loads of apples shipped by the plaintiff from Yermontville, Michigan, October 30, 1896, over the Michigan Central road, to St. Ignace, Michigan, where the same were received by the defendant November 3,1896, and thence over the defendant’s road to West Superior, claimed to have been damaged while in transit by reason of lack of ventilation. The defendant answered by way of admissions and denials, and alleged, in effect, that the apples were loaded upon the cars by and under the direction of an agent and officer of the plaintiff; that the manner of loading and ventilating the cars was looked after and controlled by him; that, if the apples were injured or damaged during the shipment, the same was caused by and resulted from the carelessness and negligence of the plaintiff. At the close of the trial, the jury, under the direction of the court, returned a verdict in favor of the defendant. Erom the judgment entered thereon accordingly the plaintiff brings this appeal.
It appears and is undisputed, that the witness Joseph M. Densmore, the treasurer of the plaintiff, on its behalf, super
There was further evidence tending to prove that, when the apples reached West Superior, a considerable portion of them were decayed, by reason of the excessive heat; that the plaintiff received notice of the arrival of the cars at West Superior on the morning of November 6, 1896, and that such heat was caused by lack of ventilation during shipment; that the cars were constructed upon the usual plan of refrigerator cars, with ventilating doors on top on either end of the cars, which were subject to be opened in full or in part; that they also could have been ventilated by leaving the side doors slightly ajar and locked with a small chain; that the ventilators of these cars, when they arrived at West Superior, were closed tight; that, when the doors closed, the inner edges met, and formed an air-tight car; that the edges of these doors were cushioned to form a complete air-tight joint; that all the doors were closed tight; that, when both inside and outside doors and the ventilators were closed, no air could enter the cars, and, when they arrived at West Superior, no air could enter them, and the heat inside was up to, at least, 100°; that the apples wore loaded in Hutchinson refrigerator cars; that these cars opened to take in and unload freight at the side; that the doors pulled out; that there were two doors that opened out,— two wings, — a swing door on each side, and they met in the middle; that both had a level joint and padding or backing, so that, when they were closed, they were air-tight; that both doors forced together so that, when the doors were partly open, they were practically air-tight; that there was an end ventilator to these cars, through the ice box on the top,— on the ends;
By the Oourt.— The judgment of the superior court of Douglas county is affirmed.