Carter v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from, Woodbury District Court. — Hon. David Mould, Judge. Action to recover damages for defendant’s delay in a shipment of live stock from Glen Ellen to the Sioux City Stockyards. Defendant denied all negligence, and in substance averred that, if there was any delay, it was on the part of a connecting carrier for whose negligence it was not responsible.
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Appeal from, Woodbury District Court. — Hon. David Mould, Judge. Action to recover damages for defendant’s delay in a shipment of live stock from Glen Ellen to the Sioux City Stockyards. Defendant denied all negligence, and in substance averred that, if there was any delay, it was on the part of a connecting carrier for whose negligence it was not responsible. The case was tried to a jury, and at the conclusion of the testimony the trial court directed a verdict for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, C. J.
Glen Ellen is a station on defendant’s line of road something like eight miles from Sioux City. Defendant had no agent at that point, but received its orders for shipment therefrom either at Sioux City or some other station. Plaintiff was the owner of one hundred and four head of fat cattle which he desired to have shipped to Sioux City, and through his commission men notified the defendant’s agent that he wished to make the shipment on defendant’s regular train leaving Glen Ellen at half past seven a. m. on Monday morning, May. 13th, for the early Sioux City market. The cattle were…
2Cases cited12 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Insurance Co. v. Railroad Co.Supreme Court of the United States · 1881
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Hill Manufacturing Co. v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Cobb, Blasdel & Co. v. I. C. R. R.Supreme Court of Iowa · 1874
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3Cited by1 opinion
- Cedar Rapids Fuel Co. v. Illinois Central RailroadSupreme Court of Iowa · 1916