Legal Opinion

Frazier & Cooper v. K. C., St. J. & C. B. Ry. Co.

Supreme Court of Iowa

Decided June 8, 1878PublishedCited by 2 opinions

Appeal from Pottaiuattamie Ciremt Cowt. The plaintiffs claim of defendant the sum of ninety dollars and ninety cents, for an alleged failure of defendant to take and ship for plaintiffs four car loads of hogs. The cause was tried by a jury. Both parties asked for special findings. The plaintiffs moved for judgment on the special findings. The court overruled the motion, and rendered judgment for defendant for costs. The plaintiffs appeal.

1Opinion of the Court

Day, I.

At the instance of plaintiffs the jury returned the following special findings:

Was not there one car of the plaintiffs’ stock loaded, and the remainder in the yards of defendant ready for loading, before defendant’s train left the station? Ans. — Yes.

Did the train wait at all on account of plaintiffs’ stock at Watson ? Ans. — No.

Were the stock yards of the defendant in a suitable condition in which to keep plaintiffs’ stock? Ans. — No.

Were the yards suitably supplied with water? Ans. — No.

Did not the same train stop and load stock at the next station? Ans. — Yes.

Plow many loads of hogs…

2Cited by2 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. GodmanIndiana Supreme Court · 1886
  2. Aldrich v. ParnellMassachusetts Supreme Judicial Court · 1888

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