Winn v. American Express Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action for damages for tlie value of a boar alleged to Have been delivered to the defendant for transportation on August 30, 1907, at Des Moines. Answering the petition, the defendant pleaded certain affirmative matter.
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Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action for damages for tlie value of a boar alleged to Have been delivered to the defendant for transportation on August 30, 1907, at Des Moines. Answering the petition, the defendant pleaded certain affirmative matter. Hpon motion of the plaintiff, certain portions of such affirmative matter so pleaded ip, the answer were stricken, on the general ground that the affirmative matter so assailed did not constitute any defense either in whole or in part. Erom such ruling of the trial court, the defendant has appealed.
1Opinion of the CourtEvans, J.
This appeal on its face presents questions whether certain affirmative matters were properly pleaded by the defendant in answer to the plaintiff’s petition. Before we can appropriately consider such questions, however, we are confronted with the preliminary difficulty of determining the construction which should be put upon the plaintiff’s petition. Plaintiff is assignee of the shipper. Eor the purpose of this discussion, it will be more convenient of speech for us to ignore the assignment and refer to the shipper as the plaintiff. The petition asks to recover of the defendant $8,000 as the…
2Cases cited12 opinions
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Hart v. Chicago & N. W. R'y Co.Supreme Court of Iowa · 1886
- Lucas v. Burlington Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gibson v. Adams Express Co.Supreme Court of Iowa · 1919
- Hanley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1912
- Herminghausen v. Adams Express Co.Supreme Court of Iowa · 1914
- Klink v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1915
- Westphalen v. Atlantic Northern & Southern Railway Co.Supreme Court of Iowa · 1911
6 more not listed; retrieve them via the Exa API.