Francis v. Dubuque & Sioux City Railroad
Supreme Court of Iowa
Appeal from Hardin District Oourt. Plaintiff seeks to recover the value of certain goods lost hy fire in defendants’ warehouse on the night of the 11th of March, 1861. The goods were shipped from Chicago to Ackley, the latter being plaintiff’s place of business. ' They were received by tbe defendant at Dubuque on tbe morning of tbe day named; taken by cars to Ackley, where they arrived within fifteen minutes of eight o’clock p. m. ; were at once unloaded and safely placed in…
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Appeal from Hardin District Oourt. Plaintiff seeks to recover the value of certain goods lost hy fire in defendants’ warehouse on the night of the 11th of March, 1861. The goods were shipped from Chicago to Ackley, the latter being plaintiff’s place of business. ' They were received by tbe defendant at Dubuque on tbe morning of tbe day named; taken by cars to Ackley, where they arrived within fifteen minutes of eight o’clock p. m. ; were at once unloaded and safely placed in defendant’s warehouse, separated and ready for delivery. Sometime between eleven and four o’clock that night the…
1Opinion of the Court
"Wright, J.
*62i. common whenuiainiity comparatormmates. *61There is no question of negligence or the want of proper care in this case. The real point is, *62whether -under the facts stated, defendant is liable and is to be held as a common carrier, or whether this relation had ceased at the time 0f ^ |ogg^ an(j Qf warehouseman commenced. If the latter was the relation, then there can be no pretense of liability; if the former, it is not denied. In other words, the defendant’s position and that which counsel undertake to maintain, is, that when the goods were unloaded from the cars and safely deposited…
2Cases cited10 opinions
- Wood v. CrockerWisconsin Supreme Court · 1864
- Roberts v. TurnerNew York Supreme Court · 1815
- Platt v. HibbardNew York Supreme Court · 1827
- Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Brown v. DenisonNew York Supreme Court · 1829
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Derosia v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1872
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- L. L. & G. Railroad v. MarisSupreme Court of Kansas · 1876
- Independence Mills Co. v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
- Atchison, T. & S. F. Ry. Co. v. Interstate Commerce CommissionCommerce Court · 1911
5 more not listed; retrieve them via the Exa API.