Legal Opinion

Erisman v. Chicago, Burlington & Quincy Railroad

Supreme Court of Iowa

Decided June 26, 1917PublishedCited by 8 opinions

Appeal from Wayne District Court. — Tiios. L. Maxwell, Judge. Action to recover damages to goods shipped by plain tiff from Osceola, Nebraska, to Corydon, Iowa, over the Union Pacific and the Chicago, Burlington & Quincy Railroads, the former being the initial carrier.

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Appeal from Wayne District Court. — Tiios. L. Maxwell, Judge. Action to recover damages to goods shipped by plain tiff from Osceola, Nebraska, to Corydon, Iowa, over the Union Pacific and the Chicago, Burlington & Quincy Railroads, the former being the initial carrier. The case was originally brought in justice court, and, upon a trial there, judgment was rendered for plaintiff in .the sum of $19.25. Defendant sued out a writ of error to the district court and was there heard on 'said writ, resulting in a dismissal of the writ. The case comes here on appeal from this ruling.

1Per curiam

l. carriers: carmerce^íimitirig sónaMCTi'éss.oa' I. Defendant’s answer iu justice court consisted of a general deau<^ soine affirmative pleas in defense, to wit, that plaintiff at no time before bringing suit made any demand on defendant for the payment of damages, and that he did not, within four months after the delivery of the merchandise, make any claim in writing to the defendant for said damages, and did not at any time make any such claim in'writ*761ing to the Union Pacific Railroad Company at Osceola, Nebraska. Plaintiff showed that the goods were in good condition when delivered to the…

2Cases cited30 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  3. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  4. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  5. Smith v. AlabamaSupreme Court of the United States · 1888

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3Cited by8 opinions

  1. Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
  2. Midland Linseed Co. v. American Liquid Fireproofing Co.Supreme Court of Iowa · 1918
  3. Dye Produce Co. v. DavisSupreme Court of Iowa · 1925
  4. Peter Kiewit Sons' Co. v. Colorado & Southern Railway Co.District Court, D. Colorado · 1961
  5. Barry v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1920

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