Wood v. C., M. & St. P. R'y Co.
Supreme Court of Iowa
Appeal from Clayton Circuit Court. The plaintiff alleges that the defendant contracted to furnish the plaintiff, on the 16th day of October, 1879, two cars in which to ship potatoes from Enfield, a station on defendant’s road, to Denison, Texas; that defendant failed to furnish the cars until the second day of November, and that by reason of this delay the potatoes were frozen, to the damage of plaintiff in the sum of $300. The cause was tried to a jury, and resulted in a…
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Appeal from Clayton Circuit Court. The plaintiff alleges that the defendant contracted to furnish the plaintiff, on the 16th day of October, 1879, two cars in which to ship potatoes from Enfield, a station on defendant’s road, to Denison, Texas; that defendant failed to furnish the cars until the second day of November, and that by reason of this delay the potatoes were frozen, to the damage of plaintiff in the sum of $300. The cause was tried to a jury, and resulted in a verdict and judgment for plaintiff for $452.44. The defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtDay, J.
The plaintiff testified that he made the contract for the cars with J. C. Barnes, the station agent of the defendant at Strawberry Point. No proof whatever was introduced of the scope of his agency or £he extent of his power, nor of the manner in which he had been held out to the public by the defendant. J. C. Barnes was introduced as a witness on behalf of the defendant and testified that he agreed only to try to get the cars for plaintiff by the time named. Barnes was asked the following questions by defendant: “State *197whether or not, as agent for the defendant, you had, at this time, any…
2Cited by3 opinions
- Easton v. DudleyTexas Supreme Court · 1890
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Missouri Pacific Railway Co. v. StultsSupreme Court of Kansas · 1884