McCoy v. K. & D. M. R.
Supreme Court of Iowa
Appeal from, Pollo Gireuit Court. The plaintiff alleges that inc November, 1874, he delivered to defendant, at Ottumwa, three car-loads of cattle, in good condition, which defendant undertook, as a common carrier, to safely transport to Altoona, Iowa, and there deliver them to the plaintiff; that defendant did not safely deliver said cattle according to its undertaking, but that many of said cattle were killed, and others injured in the course of transportation, to…
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Appeal from, Pollo Gireuit Court. The plaintiff alleges that inc November, 1874, he delivered to defendant, at Ottumwa, three car-loads of cattle, in good condition, which defendant undertook, as a common carrier, to safely transport to Altoona, Iowa, and there deliver them to the plaintiff; that defendant did not safely deliver said cattle according to its undertaking, but that many of said cattle were killed, and others injured in the course of transportation, to plaintiff’s damage in the sum. of $364. The defendant claims that at the time of the alleged shipment of plaintiff’s cattle he…
1Opinion of the CourtBothrook, J.
i. common unity: ‘transportation of stock. I. The defendant requested the court to give the following instruction to the jury: “ The defendant, a railroad company, is not liable in this case as a common carrier; that is, for all damages and inju- ,,, , , 0 .. nes to cattle save such as may have occurred through the intervention of a public enemy, or the act of God. Defendant, in receiving and undertaking to convey plaintiff’s cattle, is bound, in performing such contract, to exercise that care and diligence that would be exercised by a competent and faithful business man, experienced in this…
2Cases cited3 opinions
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- McDaniel v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1868
- Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
3Cited by23 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Kinnick Bros. v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Moore v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
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