George F. Ditman Boot & Shoe Co. v. Keokuk & Western Railway Co.
Supreme Court of Iowa
Appeal from Keokuk Superior Court. — Hon. Henby Bank, Jb., Judge. R. B. Geant is the traveling agent of the plaintiff company. On the sixteenth day of December, 1890, he purchased a ticket on defendant’s line of road from Memphis to Kahoka, both points being in the state of Missouri. Grant had with him as baggage two sample trunks.
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Appeal from Keokuk Superior Court. — Hon. Henby Bank, Jb., Judge. R. B. Geant is the traveling agent of the plaintiff company. On the sixteenth day of December, 1890, he purchased a ticket on defendant’s line of road from Memphis to Kahoka, both points being in the state of Missouri. Grant had with him as baggage two sample trunks. He arrived at Kahoka at 7:40 in the evening, and, without calling for his trunks, or attempting in any way to remove them, he proceeded to a hotel, and the trunks were placed in the depot, which was burned during the night; and this action is to recover for their…
1Opinion of the CourtGeang-eb, C. J.
*4191 *417The liability which plaintiff seeks to establish against the defendant is not that of a warehouseman, but that of a common carrier; and the contention of the appellant is that the neglect of the agent of plaintiff to remove the trunks on the night of his arrival, whereby they were, by the company, placed in the depot, changes its obligation from that of a common carrier to that of a warehouseman; while the plaintiff contends that the obligation of a common carrier ceased only after a reasonable time for their removal, and *418what would be a reasonable time depends upon circum- . stances and the…
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- Hicks v. Wabash RailroadSupreme Court of Iowa · 1906
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