Warner v. Burlington & Missouri River Railroad
Supreme Court of Iowa
Appeal from Jefferson District Cowrt. Plaintiff, in bis petition before a justice of tbe peace, claims ninety dollars, and, for cause, states that on, etc., be became a passenger on defendant’s road, and paid bis fare from Ottumwa to Fairfield ; that lie fiad in bis possession a trunk containing the following articles (giving each item and value); that tbis was received by tbe company at Ottumwa, to be delivered at Fairfield, and a cheek given therefor; that, when it was…
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Appeal from Jefferson District Cowrt. Plaintiff, in bis petition before a justice of tbe peace, claims ninety dollars, and, for cause, states that on, etc., be became a passenger on defendant’s road, and paid bis fare from Ottumwa to Fairfield ; that lie fiad in bis possession a trunk containing the following articles (giving each item and value); that tbis was received by tbe company at Ottumwa, to be delivered at Fairfield, and a cheek given therefor; that, when it was delivered to petitioner at Fair-field, it had been broken open, while in defendant’s possession, and tbe said articles…
1Opinion of the CourtWright, J.
1. cariueb : monMoissof baggage. This case is not like Porter v. Chicago and Northwestern Railroad Company (20 Iowa, 73). There it was clear that the plaintiff in his petition claimed against defendant as a warehouseman, while the instructions held the company to the stricter obligations of a common carrier. Here the petition charges the defendant generally ; not as common carriers nor as warehousemen distinctively. He states the facts, and if in either capacity the company is liable the plaintiff is entitled to recover. The proceeding was commenced before a justice of the peace, and the…
2Cases cited4 opinions
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Logan v. Pontchartrain Rail RoadSupreme Court of Louisiana · 1845
- Porter v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1865
3Cited by1 opinion
- Thomas v. Southern Railway Co.Supreme Court of North Carolina · 1902