E. A. Higley & Co. v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from, Cedar Rapids Superior Court. — Hon. T. M. Gtberson, Judge. Plaintiffs claim, that from January 1, 1887, to and including January 1, 1891, they shipped over the defendant’s line of railway, from Cedar Bapids, Iowa, egg cases and cases of eggs; that defendant returned the weights of the cases of eggs at sixty pounds, and the egg cases at from twelve to twenty pounds, and so charged the plaintiffs for such weights; and avers that, in fact, the cases • of eggs…
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Appeal from, Cedar Rapids Superior Court. — Hon. T. M. Gtberson, Judge. Plaintiffs claim, that from January 1, 1887, to and including January 1, 1891, they shipped over the defendant’s line of railway, from Cedar Bapids, Iowa, egg cases and cases of eggs; that defendant returned the weights of the cases of eggs at sixty pounds, and the egg cases at from twelve to twenty pounds, and so charged the plaintiffs for such weights; and avers that, in fact, the cases • of eggs weighed only fifty-five pounds, and the egg cases only eleven pounds. This • action is brought to recover the overcharges in…
1Opinion of the CourtKinne, J.
*5051 *504I. Defendant complains because the court refused to give certain instructions asked, to the effect that if. the plaintiffs and defendant estimated the weight of the freight, and settlements were for years made-upon such estimates without objection, and if plaintiffs paid the charges based thereon, then plaintiffs cannot recover. Also because the court, on its own motion, gave instructions upon this point not in harmony with those asked. The instruction asked *505was properly refused, because not applicable to the facts as disclosed by the evidence. The evidence did not show, or tend to show,…
2Cases cited9 opinions
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Tucker v. QuimbySupreme Court of Iowa · 1873
- Garden Grove Bank v. Humeston & Shenandoah R'y Co.Supreme Court of Iowa · 1885
- Wendeling v. BesserSupreme Court of Iowa · 1871
- Moser v. CrooksSupreme Court of Iowa · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schmitt v. BetheaSupreme Court of Florida · 1919
- Stomne v. Hanford Produce Co.Supreme Court of Iowa · 1899
- Service Lumber Co. v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1913
- Yardley v. Iowa Electric Co.Supreme Court of Iowa · 1923
- Effron-Kushner & Co. v. American Railway Express Co.Supreme Court of Iowa · 1923
5 more not listed; retrieve them via the Exa API.