Mulligan v. Illinois Central Railway Co.
Supreme Court of Iowa
Appeal from Dubuque District Court. Action for the value of 1,440 pounds of bacon and 20 tubs of butter, wbicb were shipped upon tbe defendant’s line of railway, consigned to O. T. Buddecke & Co., New Orleans, and wbicb failed to reach tbe consignee. Evidence was introduced tending to show that at tbe time of shipment tbe agent of defendant delivered to plaintiff a receipt or bill of lading, tbe material portion of wbicb is as follows : “Read this Contract.”
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Appeal from Dubuque District Court. Action for the value of 1,440 pounds of bacon and 20 tubs of butter, wbicb were shipped upon tbe defendant’s line of railway, consigned to O. T. Buddecke & Co., New Orleans, and wbicb failed to reach tbe consignee. Evidence was introduced tending to show that at tbe time of shipment tbe agent of defendant delivered to plaintiff a receipt or bill of lading, tbe material portion of wbicb is as follows : “Read this Contract.” “ Dubuque Station, Sept. 4ih, 1871. “Received of James Mulligan, in apparent good order, by tbe Illinois Central Railroad Company,…
1Opinion of the Court
Day, J.—
The court instructed the jury as follows:
“ If you find that defendant received the goods in controversy consigned and marked for New Orleans, then in the absence of any agreement, limiting its liability, it was bound to deliver the same at New Orleans, and if it failed so to do it would be liable in this action. But such liability may be changed by a special contract, and if defendant, at the time of receiving the goods, executed to plaintiff the receipts admitted in evidence, and plaintiff received the same knowing their contents, then defendant is not liable in this action.
The…
2Cases cited13 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Gifford v. Merchants' Despatch Transportation Co.Supreme Court of Iowa · 1877
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1906
- Hewett v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1884
- Marshall Field Co. v. Oren Ruffcorn Co.Supreme Court of Iowa · 1902
28 more not listed; retrieve them via the Exa API.