Mitchell v. United States Express Co.
Supreme Court of Iowa
Appeal from Beott Circuit Court; Action to recover the value of several barrels of eggs, delivered to the defendant at Ononwa to be carried to and delivered at Davenport. It was averred in the petition that the eggs were properly packed, but when they were delivered to the consignees at Davenport were mostly lost, broken and worthless.
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Appeal from Beott Circuit Court; Action to recover the value of several barrels of eggs, delivered to the defendant at Ononwa to be carried to and delivered at Davenport. It was averred in the petition that the eggs were properly packed, but when they were delivered to the consignees at Davenport were mostly lost, broken and worthless. The answer denied the eggs were properly packed, and it was averred they were unsound and unmerchantable when packed; that the eggs had been pickled by a preparation that rendered them unsafe for shipment. There was trial to the court, a judgment for…
1Opinion of the CourtServers, J.
i common car-lading?evi-°* denee.
*215 2. -: liadenofproof,
*214Judging from the external appearance of the barrels when delivered to the defendant, the contents were in g00^ order and condition at that time, but this is n°t a true test;iof the condition of such contents, nor wou}d thé bill of lading, even if it recited that the goods were received in good order and condition, be conclusive evidence of such facts. Carson v. Harris, 4 G. Greene, 516. In Clark v. Barnwell, 12 How., 272, it is *215said: “Carriers may be answerable for the goods though no actual blame is imputable to them, and unless they…
2Cases cited1 opinion
- Clark v. BarnwellSupreme Court of the United States · 1852
3Cited by4 opinions
- Denton v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Insurance Co. of North America v. Lake Erie & Western RailroadIndiana Supreme Court · 1899
- Gulf Coast Transportation Co. v. HowellSupreme Court of Florida · 1915
- Vander Beek v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1938