Hartley v. St. Louis, Keokuk & North Western Railroad
Supreme Court of Iowa
Appeal from Henry District Court. — Hon. James D. Smyti-ie, Judge. Action to recover the value of a horse injured, as is alleged, while being transported from Oswego, Kan., to Yoakum, Tex., through the negligence of the agents and servants of the Missouri, Kansas & Texas Railway Company. Defendant is sought to be held liable on a contract of affreightment issued by its station agent at Houghton, Iowa, for through shipment of certain stock from that point to Yoakum, Tex.
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Appeal from Henry District Court. — Hon. James D. Smyti-ie, Judge. Action to recover the value of a horse injured, as is alleged, while being transported from Oswego, Kan., to Yoakum, Tex., through the negligence of the agents and servants of the Missouri, Kansas & Texas Railway Company. Defendant is sought to be held liable on a contract of affreightment issued by its station agent at Houghton, Iowa, for through shipment of certain stock from that point to Yoakum, Tex. A jury was called, and at the close of plaintiff’s evidence defendant moved for a verdict. The motion was sustained, and…
1Opinion of the CourtDeemer, J.
1 The bill of lading issued by defendant’s agent at Houghton, Iowa, contained the following: “Live Stock Contract. * * * Finish loading at Oswego, Kansas. No. and initial of car: 1,590; Arm’s Palace Horse Oar. Number of animals in each car, seven.” “That for and in consideration of $141.60 per car, subject to minimum weights as shown in published tariffs, the said railroad company agrees to transport one car loaded with horses (number of car, number of waybills, and number of animals as noted above) from Houghton, Iowa, to Yoakum, Texas; and the said first party, in consideration thereof,…
2Cases cited25 opinions
- Condict v. Grand Trunk Railway CompanyNew York Court of Appeals · 1873
- Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- McCann v. EddySupreme Court of Missouri · 1896
- Gifford v. Merchants' Despatch Transportation Co.Supreme Court of Iowa · 1877
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3Cited by1 opinion
- McManus v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1908