Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from, Webster District Gonset.— How. J. H. Richard, Judge. Action to recover the value of two parcels of goods delivered by plaintiff to defendant at Ft. Dodge, Iowa, one parcel to go to Boonville, Mo., and the other to Chanute, Kan., one of which it is alleged was lost and the other damaged by defendant’s negligence. The case was tried on an agreed statement of facts and judgment was rendered for defendant. Plaintiff appeals.—
1Opinion of the CourtMcClain, C. J.
In the agreed statement on which the case was tried without other evidence being introduced it is stipulated that the defendant was guilty of negligent delay in the forwarding of the goods of plaintiff from Pt. Dodge to Kansas City, where they were lost or injured on May 30, 1903, by a flood which was so unusual and extraordinary as to constitute an act of God, and that if there had been no such negligent delay the goods would not have been caught in the flood referred to or damaged thereby.
We have presented for our consideration, therefore, the simple question whether a carrier who by a…
2Cases cited42 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
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- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
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