Milwaukee Malt Extract Co. v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Polls Circuit Court. Action for an order of mandamus commanding the defendant railroad company to receive and transport for the plaintiff a commodity denominated “ New Era Beer.” There was a demurrer to the petition, and the demurrer was sustained. The plaiutiff elected to stand upon its petition, and judgment was rendered against the plaintiff for costs. The plaintiff appeals.
1Opinion of the Court
Adams, Cii. J.
The petition shows, in substance, that the plaintiff is the manufacturer of a beverage denominated “New Era, Beer;” that it tendered such product to the defendant for shipment into Polk county, Iowa, and offered to pay the freight therefor, and the defendant refused to receive and transport the same, on the ground that it could not lawfully do so under the prohibitory law of the state. The petition averred, however, that the product is an absolutely non-alcoholic and non-intoxicating beverage, and that such had been determined to be its character by skilled and competent…
2Cases cited4 opinions
- United States Ex Rel. Tucker v. SeamanSupreme Court of the United States · 1855
- Howland v. . EldredgeNew York Court of Appeals · 1871
- State v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1885
- Hall v. StewartSupreme Court of Kansas · 1880
3Cited by4 opinions
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- City of Chicago v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1916
- Miller v. HannaSupreme Court of Iowa · 1936
- Griebel v. Board of SupervisorsSupreme Court of Iowa · 1925