Erisman v. Chicago, Burlington & Quincy Railroad
Supreme Court of Iowa
Appeal from Wayne District Court. — Tiios. L. Maxwell, Judge. Action to recover damages to goods shipped by plain tiff from Osceola, Nebraska, to Corydon, Iowa, over the Union Pacific and the Chicago, Burlington & Quincy Railroads, the former being the initial carrier.
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Appeal from Wayne District Court. — Tiios. L. Maxwell, Judge. Action to recover damages to goods shipped by plain tiff from Osceola, Nebraska, to Corydon, Iowa, over the Union Pacific and the Chicago, Burlington & Quincy Railroads, the former being the initial carrier. The case was originally brought in justice court, and, upon a trial there, judgment was rendered for plaintiff in .the sum of $19.25. Defendant sued out a writ of error to the district court and was there heard on 'said writ, resulting in a dismissal of the writ. The case comes here on appeal from this ruling.
1DissentSalinger, J.
The courts have indulged a presumption, made by them or by- statutes, that, where goods are received by the initial carrier in sound condition, and the last carrier delivered them damaged, the damage was done by the last carrier. The question is whether, by Section 20 of the Carmack Amendment, Congress effectively substituted a presumption that the initial carrier caused damage found at delivery by the last carrier, or otherwise effected the abrogation of said presumption against the' last carrier. This must be answered by (a) determining what said “presumption” is, in order to determine…
2Cases cited54 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Lincoln v. FrenchSupreme Court of the United States · 1882
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