Fuller v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from, Marshall District Court. Action by plaintiff against defendant as a railway com-' pany; brought under chapter 169 of the acts of 1862, claiming the penalties prescribed by that act for overcharges upon several shipments of goods from Chicago to Marshalltown over defendant’s road, in 1868. The petition also seeks to recover back the alleged overcharges, and also penalties for failing to post rates of freight ■ charges as required by the act above referred to.
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Appeal from, Marshall District Court. Action by plaintiff against defendant as a railway com-' pany; brought under chapter 169 of the acts of 1862, claiming the penalties prescribed by that act for overcharges upon several shipments of goods from Chicago to Marshalltown over defendant’s road, in 1868. The petition also seeks to recover back the alleged overcharges, and also penalties for failing to post rates of freight ■ charges as required by the act above referred to. The defendant pleaded three defenses: 1. Admitting that the. defendant was a railway corpora-'. tion as alleged; admitting…
1Opinion of the CourtMiller, J.
1. jury and Sfdefectsf’ affidavits. — I. One ground for appellant’s motion for a new trial in the court below was, that there was irregular-. ity on the part of the jury in making up their verdict. In support of this- appellant filed affidavits of four of the-jurors showing that it was first proposed and agreed to by the jury that they would find for the plaintiff in a sum of not less than $300, being $100 on each of the first three counts in his petition, and that they would not find for plaintiff on the fourth count of his petition; that it was further agreed that each juror should mark…
2Cases cited1 opinion
- Barton v. HolmesSupreme Court of Iowa · 1864
3Cited by5 opinions
- Ryan v. ArnesonSupreme Court of Iowa · 1988
- McDuffee v. Portland & Rochester RailroadSupreme Court of New Hampshire · 1873
- Bentley v. BentleySupreme Court of Iowa · 1900
- Gus Gutfreund & Co. v. WilliamsSupreme Court of Iowa · 1915
- Territory v. TaylorSupreme Court Of The Territory Of Dakota · 1877