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ALLIS-CHALMERS MFG. CO. v. EAGLE MOTOR LINES

No. 99.

55 Wis.2d 39 (1972)

198 N.W.2d 162

ALLIS-CHALMERS MANUFACTURING COMPANY, Appellant, v. EAGLE MOTOR LINES, INC., Respondent.

Supreme Court of Wisconsin.

Decided June 6, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Charles Saggio of Milwaukee.

For the respondent there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by Gerald T. Hayes.

ROBERT W. HANSEN, J.

This dispute between a shipper and a carrier as to who is responsible for goods damaged in transit involves the legal question as to who has the burden of proof as to certain aspects and at certain stages of the action.

The general rule.

The general rule, in the absence of special contract, is that the liability of a common carrier for injury to property in transit is that of an...

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