Legal Opinion

Chicago, Burlington & Quincy Railroad v. Steear

Nebraska Supreme Court

Decided December 21, 1897No. 7665PublishedCited by 2 opinions

Error from the district court of Clay County. Tried below before Hastings, J. The opinion contains a statement of the case. A passenger’s check for baggage is only prima facie evidence that the carrier received the baggage, and may be rebutted by proof that the carrier did not, in fact, receive it. (Ringwallv. Wabash R. Co., 45 Neb. 760; Marquette, II. & O. R. Co. v. Kirlmood, 45 Mich. 51; Isaacson r. Ffeio YorJc C. & H. R. R. Co., 16 Am. & Eng.

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Error from the district court of Clay County. Tried below before Hastings, J. The opinion contains a statement of the case. A passenger’s check for baggage is only prima facie evidence that the carrier received the baggage, and may be rebutted by proof that the carrier did not, in fact, receive it. (Ringwallv. Wabash R. Co., 45 Neb. 760; Marquette, II. & O. R. Co. v. Kirlmood, 45 Mich. 51; Isaacson r. Ffeio YorJc C. & H. R. R. Co., 16 Am. & Eng. R. Cas. [N. Y.] 1.93; Michigan Southern & N. I. R. Co. v. Meyres, 21 111. 631; Chicago, R. I. & P. R. Co. v. Clayton, 78 111. 616.) The carrier is…

1Opinion of the CourtHarrison, J.

This action was commenced by the defendant in error to recover damages which she alleged were occasioned by the loss, by the company, of her valise and its contents, of which the company had taken possession and charge as a part of her baggage, she being at the time a passenger, by its line of road, on a trip from Chicago, *97Illinois, to Inland, Nebraska. Tlie company defended on the ground that it had never received the valise, and, from a judgment in favor of defendant in error for the value of the valise and its contents, has prosecuted error proceedings to this court. The trial was to the…

2Cases cited5 opinions

  1. Davis v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1859
  2. Steinkraus v. KorthNebraska Supreme Court · 1895
  3. Chicago, Rock Island & Pacific R. R. v. ClaytonIllinois Supreme Court · 1875
  4. Atchison, Topeka & Santa Fé Railroad v. BrewerSupreme Court of Kansas · 1878
  5. Thompson v. FieldNebraska Supreme Court · 1895

3Cited by2 opinions

  1. Shiman Bros. & Co. v. Nebraska National Hotel Co.Nebraska Supreme Court · 1943
  2. Louisville & N. R. Co. v. ChildersAlabama Court of Appeals · 1923

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