Dunnegan v. Chicago, Rock Island & Pacific Railroad

A general statement of the facts is all that is necessary to a consideration of the questions involved in this ruling.

Appellants had a contract for construction of a sewer in the city of Omaha. They had a drag line at Sheffield, Illinois, where they were doing some work on a government highway. On the 4th of August, 1922, the appellee furnished a flat car, and the drag line was loaded thereon, preparatory to shipment to Omaha. The car thus loaded was carried to Silvis, Illinois, a division point, where the train was broken up and this car placed on another train going westward. When the train…