Brush v. S., A. & D. R.
Supreme Court of Iowa
Appeal from Linn Circuit Court. In May, 18T3, plaintiff shipped five car loads of cattle and hogs upon defendants railroad to be transported to Chicago. He alleges, in his petition in this case, that they were so carelessly carried and with such great delay that injury was done the animals, whereby plaintiff suffered loss; for the recovery thereof this action is brought. There was a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
i. common tation of liac¿iitráctecial I. The contract for transportation under which the cattle and hogs were carried by defendant provides that the shipper assumed all risk of injury or damage arising from delay of trains or any other damage the property might suffer, “ except sncli as may result from collision of the train, or when cars are thrown from the track in course of transportation.” The evidence tended to show that the train was greatly delayed and that the cattle and hogs were thrown from their feet and upon one another, by careless and improper operation of the train. The court…
2Cited by6 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
- Lucas v. Burlington Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1900
- Blair v. Wells-Fargo & Co.Supreme Court of Iowa · 1912
- American Linseed Oil Co. v. CrumbineCourt of Appeals for the Eighth Circuit · 1913
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