Coad v. Pennsylvania Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Suit to recover for an alleged shortage in gasoline carried by the defendants, with which is coupled what is, in a sensed an alternative claim: to wit, a demand for repayment of excess freight charges.
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Appeal from Woodbury District Court. — W. G. Sears, Judge. Suit to recover for an alleged shortage in gasoline carried by the defendants, with which is coupled what is, in a sensed an alternative claim: to wit, a demand for repayment of excess freight charges. That is to say, the plaintiff contends, first, that the carriers delivered less gasoline to him than he had bought, and than had been placed with the carrier; and that, if this be not so, he was charged by freight charges for more gasoline than defendants had, in fact, carried. A verdict was directed against plaintiff, and he appeals.
1Opinion of the Court
Salinger,- J.
*1027 1. Trial: recoverable ana nonrereeted verdict m toto.
*1026I. Loosely stated, it was error to di*1027rect a verdict against the plaintiff in toto, because, in an alternative way at least, he was entitled to go to the jury on the claim that the carrier had delivered ]egg gasoline than had been delivered to it. Nnd if> for the sake of argument, a verdict should have been directed against him on this claim, it still remained his right to show that he had paid freight on a certain number of gallons of gasoline, and that a less quantity was delivered to him. If the carrier could demand a…
2Cases cited15 opinions
- State v. BradySupreme Court of Iowa · 1896
- Campbell v. ParkSupreme Court of Iowa · 1904
- Gibson v. SeneySupreme Court of Iowa · 1908
- Edwards v. City of Cedar RapidsSupreme Court of Iowa · 1908
- Yocum v. HustedSupreme Court of Iowa · 1918
10 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shepherd v. McGinnisSupreme Court of Iowa · 1964
- Vander Beek v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1938