McDaniel v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. Action by the plaintiffs against the defendant as a common carrier, for carelessly and negligently providing insufficient cars, and negligently managing the same, whereby plaintiffs’ cattle, which were being transported therein, from Clinton, Iowa, to Chicago, 111., were injured, and one of them killed. The cause was tried to the court and judgment rendered for plaintiffs for one hundred and eighteen dollars and costs.
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Appeal from Clinton District Court. Action by the plaintiffs against the defendant as a common carrier, for carelessly and negligently providing insufficient cars, and negligently managing the same, whereby plaintiffs’ cattle, which were being transported therein, from Clinton, Iowa, to Chicago, 111., were injured, and one of them killed. The cause was tried to the court and judgment rendered for plaintiffs for one hundred and eighteen dollars and costs. The defendant appeals. I. The contract made by the parties eé fendants from liability for the loss and da by the plaintiff. extraterritorial…
1Opinion of the CourtCole, J.
1. Contract : iexioci. The plaintiffs made a contract in writing with the defendant, at Clinton, Iowa, for the transportation by defendant of certain cattle belonging to piaintiffS) from Clinton, Iowa, to South Branch station (Chicago), Illinois; the cattle were to be fed and taken care of by the owners. The contract contained this stipulation: “It is hereby mutually.agreed, that said company shall not be liable for loss by jumping from the cars, delay of trains, or any damage said property may sustain, except such as may result from a collision of the train, or when cars are thrown from the…
2Cases cited1 opinion
- Harris v. . Northern Indiana Railroad CompanyNew York Court of Appeals · 1859
3Cited by27 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Illinois Central Railroad v. BeebeIllinois Supreme Court · 1898
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Kintzinger v. MillinSupreme Court of Iowa · 1962
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