95 Wis. 646 | Wis. | 1897
The court admitted evidence respecting the’ inspection which plaintiff made of the car before loading. This was objected to by defendants’ counsel, on the ground that the written contract required plaintiff to inspect the-car, and to assume the risk of defects in the floor, if there were any. This involves the question,.whether the stipulation by which the plaintiff, in form, assumed the risk of defects in the car, is valid and binding upon him. There is some conflict of authority, more apparent than real, respecting the validity of such stipulations; but the real principle involved has been settled in this court, and is not open to review. Railroads are common carriers of live stock, with the attendant common-law duties and liabilities respecting carriage of property generally by such carriers, subject to some restrictions and liabilities arising out of the instincts,, habits, propensities, wants, necessities, vices, or locomotion of the animals. Ayres v. C. & N. W. R. Co. 71 Wis. 372; Abrams v. M., L. S. & W. R. Co. 87 Wis. 485. Such duties and responsibilities require railroad companies to furnish suitable cars for the transportation of live stock on reasonable notice so to do, and render such companies responsible for damages for. negligence in that regard. Contracts exempting such companies from the consequences of such negligence are void. Abrams v. M., L. S. & W. R. Co., supra; Loeser v. C., M. & St. P. R. Co. 94 Wis. 571.
Why the stipulation in the written contract in question, re
Erom the foregoing we deduce the following: It is the duty of a railroad company, as a common carrier of live stock, to furnish suitable cars therefor, on reasonable notice so to do from a person desiring to transport such stock over its road; that this duty is absolute, and a contract exempting it from liability for damages arising from unsuitableness of cars so furnished, attributable to a failure on its part to exercise ordinary care, is void; that if a car be furnished having defects rendering it unsuitable, which defects are not obvious or such as may be presumed that an inspection by an ordinary person will bring to his knowledge, and yet are such that a reasonably careful inspection by a person experienced in such business will lead to their discovery, an inspection and acceptance of the car by the shipper will not save the carrier harmless from damages caused by such defects, unless it be shown that they were actually pointed out to the shipper, and that he accepted the car with full knowledge of their existence.
No other question presented by the appeal appears to require special notice.
By the Court.— The judgment of the circuit court is affirmed.