Kinnick Bros. v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Davis District Court. Plaintiff delivered a car-load of hogs to defendant at Drakeville, in this state, for transportation to the Union stock-yards at Chicago. A passenger train on defendant’s road was thrown from the track near Ottawa, Illinois, and the obstruction caused by the accident delayed the train on which the plaintiff’s hogs were shipped for about twelve hours.
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Appeal from Davis District Court. Plaintiff delivered a car-load of hogs to defendant at Drakeville, in this state, for transportation to the Union stock-yards at Chicago. A passenger train on defendant’s road was thrown from the track near Ottawa, Illinois, and the obstruction caused by the accident delayed the train on which the plaintiff’s hogs were shipped for about twelve hours. When the train arrived at Chicago, eighteen of the hogs were dead, and others were so injured as to depreciate their value in market. Plaintiff brought this action to recover the damages occasioned by the injury,…
1Opinion of the Court
Reed, J".
1. baiuboads: stockTdm-lve. ea:°evicieiíce. I. Defendant offered evidence on tlie.trial to prove that the wreck which obstructed the track, and delayed the train on which the hogs were being transported, occurred without fault on its part, and and that it caused the track to be cleared and sent tlie train forward as soon after the accident as practicable; but the evidence was excluded by the court on the plaintiff’s objection. Defendant sought to prove these facts in excuse of the delay in delivering the hogs at Chicago. There was no express undertaking by the defendant to transport…
2Cases cited2 opinions
- Parsons v. HardyNew York Supreme Court · 1835
- McCoy v. K. & D. M. R.Supreme Court of Iowa · 1876
3Cited by25 opinions
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Moore v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
- Swiney v. American Express Co.Supreme Court of Iowa · 1908
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
- Galveston, Harrisburg & San Antonio Railway Co. v. PowersCourt of Appeals of Texas · 1909
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