Porter v. Chicago & North Western Railway Co.
Supreme Court of Iowa
Appeal from Story District Court. Plaintiee sued for tbe value of certain goods, recovered judgment for the amount claimed, and defendant appeals. 1. Tbe defendant occupies tbe position of a second carrier, and before it can be charged with the loss of the goods, it must be shown that the loss occurred while the goods were in its custody. • Hunt v. The New York and Erie Railroad Company, 1 Hill, 228. 2. The defendant, if liable at all, was liable as a warehouseman, and not…
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Appeal from Story District Court. Plaintiee sued for tbe value of certain goods, recovered judgment for the amount claimed, and defendant appeals. 1. Tbe defendant occupies tbe position of a second carrier, and before it can be charged with the loss of the goods, it must be shown that the loss occurred while the goods were in its custody. • Hunt v. The New York and Erie Railroad Company, 1 Hill, 228. 2. The defendant, if liable at all, was liable as a warehouseman, and not as a common carrier. Norway Plains Company v. The Boston and Maine Railway, 1 Gray, 263; Qarside v. The Trent and Mersey…
1Opinion of the CourtWright, J.
i. eaij> pleadings: warehouse-common earners, I. In this case, it becomes material to refer, with some degree of particularity, to plaintiffs petition, to ascertain in what capacity he seeks to hold defendant liable for the damages claimed. For . _ - .. l* defemartt is charged as a warehouseman, very ¿iyfereT1f; rules obtain and must be applied than if sought to be made liable as a common carrier.
Turning, then to the petition, we find that plaintiff’s claim is this: On the 4th of December, 1864, defendant was engaged in the business of common carriers and as *76warehousemen, running and…
2Cases cited1 opinion
- Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
3Cited by2 opinions
- Winne v. Illinois Central R. R.Supreme Court of Iowa · 1871
- Warner v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867