Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Iowa District Court. — HoN O. A. Byington, Judge. Action to recover damages on account of delay in the shipment of live stock. At the close of the evidence the court instructed the jury that plaintiffs were not entitled to recover except for the value of one animal alleged to have been injured, and verdict was returned accordingly. From the judgment rendered on said verdict, plaintiffs appeal.
1Opinion of the Court
Weavee, J.—
Plaintiffs are dealers in thoroughbred cattle at Homestead, Iowa, and the defendant is a railway company doing business as a common carrier upon a line of road passing through Homestead to and beyond Newton, Iowa. The plaintiffs allege that a fine stock sale had been advertised to be held at Newton at which they proposed to offer their herd, and, for the purpose of obtaining transportation therefor, they entered into oral negotiation with the defendant, through its agent at Homestead, informing him of their desire to ship said-cattle, the purpose of such shipment, and *540the necessity…
2Cases cited16 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Spence v. Norfolk & Western RailroadSupreme Court of Virginia · 1895
- Chesapeake & Ohio Railway Co. v. StockSupreme Court of Virginia · 1905
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
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3Cited by4 opinions
- Matthys v. DonelsonSupreme Court of Iowa · 1917
- Winn v. American Express Co.Supreme Court of Iowa · 1910
- Zabron v. Cunard Steamship Co.Supreme Court of Iowa · 1911
- Dye Produce Co. v. DavisSupreme Court of Iowa · 1925