Hart v. Chicago & N. W. R'y Co.
Supreme Court of Iowa
Appeal from Polk Girouit Oourt. On the eighteenth day of April, 1883, plaintiff delivered. to defendant, at the city of Des Moines, one car-load of property, which the latter undertook to transport to the town of Miller, in Dakota territory. The property shipped in the car consisted of six horses, two wagons, three sets of harness, a quantity of grain, a lot of household and kitchen furniture, and personal effects.
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Appeal from Polk Girouit Oourt. On the eighteenth day of April, 1883, plaintiff delivered. to defendant, at the city of Des Moines, one car-load of property, which the latter undertook to transport to the town of Miller, in Dakota territory. The property shipped in the car consisted of six horses, two wagons, three sets of harness, a quantity of grain, a lot of household and kitchen furniture, and personal effects. The contract under which the shipment was made provided that the horses should be loaded, fed, watered and cared for by the shipper at his own expense, and that one man in charge…
1Opinion of the CourtReed, J.
i. uailkoads: goodícarSied: loss by act oí owner. I. There was evidence which tended to prove that the fire was communicated to the car from a lantern which the man in charge of the horses had taken into the car. This lantern was furnished by . . plaintiff, and was taken into the car by Ins direction. Defendant asked the,circuit court to instruct the jury that if the fire which destroyed the property was caused by a lighted lantern in the sole use and control of plaintiff’s servant, who was in the car in charge of the property, plaintiff could not recover. The court refused to give this…
2Cases cited2 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Roberts v. TurnerNew York Supreme Court · 1815
3Cited by21 opinions
- Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- American Lead Pencil Co. v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1910
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- McCann v. EddySupreme Court of Missouri · 1896
- Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
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