Legal Opinion

Robinson v. Illinois Central Railroad

Supreme Court of Iowa

Decided December 23, 1870PublishedCited by 2 opinions

Appeal from Delaware Circuit Court. The plaintiff sued tbe defendant for $75 and interest, for services alleged to be due him as telegraph operator and freight and passenger agent of defendant, for the month of July, 1869. The answer alleges that the plaintiff was in the employ of the defendant as station agent at Manchester, Iowa; that it was his duty as such agent to receive, account for and pay over to defendant, daily, all moneys paid in at said station belonging to the…

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Appeal from Delaware Circuit Court. The plaintiff sued tbe defendant for $75 and interest, for services alleged to be due him as telegraph operator and freight and passenger agent of defendant, for the month of July, 1869. The answer alleges that the plaintiff was in the employ of the defendant as station agent at Manchester, Iowa; that it was his duty as such agent to receive, account for and pay over to defendant, daily, all moneys paid in at said station belonging to the defendant; that, in violation of such duty, the plaintiff failed and refused to pay over to defendant moneys so received…

1Opinion of the CourtMiller, J.

l instrucvfnce o^thé ;iliryI. The first and second errors assigned are to the giving of the sixth, eighth and ninth instruo ticms contained in the charge of the court, and the refusal of the second, fourth and fifth instructions asked by defendant. The following are those given by the court:

“ 6. The law required him (plaintiff) to take the same care of money belonging to the defendant as a prudent and cautious man would of his own money under similar circumstances. If you find the plaintiff thus cautious and prudent, then, as to the counterclaim, find for him; otherwise, against him.”
“ 8. If…

2Cases cited2 opinions

  1. State v. HockenberrySupreme Court of Iowa · 1860
  2. Napper v. YoungSupreme Court of Iowa · 1861

3Cited by2 opinions

  1. Madden v. Saylor Coal Co.Supreme Court of Iowa · 1907
  2. Will of Knox v. KnoxSupreme Court of Iowa · 1904

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