Russ v. The Steamboat War Eagle
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiffs sue ■ defendant, as a common carrier of passengers and freight, for damages by the breaking of the arm of the wife while a passenger on a trip from Dubuque to St. Paul and back in September, 1857. Trial and verdict for $3,000. Motion for new trial overruled, and defendant appeals. 1. The carrier’s risk terminates with the trip.
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Appeal from Dubuque District Court. Plaintiffs sue ■ defendant, as a common carrier of passengers and freight, for damages by the breaking of the arm of the wife while a passenger on a trip from Dubuque to St. Paul and back in September, 1857. Trial and verdict for $3,000. Motion for new trial overruled, and defendant appeals. 1. The carrier’s risk terminates with the trip. Conceding that the contract was for the round trip, the defendant is not liable for an injury while lying at St. Paul. Story Bail., §§ 558, 590; 1 Bouv. Inst., 415; Jones on Bail., 23; Garside v. Trent and Mersey…
1Opinion of the CourtWright, J.
Without discussing in their order the numerous errors assigned, we shall examine the points made by counsel so far as may be necessary to present our views of the same.
*367I. On. the trial a material starting point was to ascertain and determine the true character of the contract under which,plaintiffs took passage upon the boat. They claimed that defendant undertook to carry them from Dubuque to St. Paul and back, as an entire trip, they having the privilege to remain on the boat as such passengers while the boat was at St. Paul. The injury sustained by the wife occurred some two or three hours…
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