Legal Opinion

Cook & Wheeler v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided October 29, 1890PublishedCited by 27 opinions

Appeal from Jaspe, District Court. — Hon. D. Ryan, Judge. This is an action at law to recover of the defendant certain alleged overcharges for the shipment of a large number of carloads of live stock from Jasper county, in this state, to the Union Stock-Yards, near Chicago, Illinois.

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Appeal from Jaspe, District Court. — Hon. D. Ryan, Judge. This is an action at law to recover of the defendant certain alleged overcharges for the shipment of a large number of carloads of live stock from Jasper county, in this state, to the Union Stock-Yards, near Chicago, Illinois. The shipments were alleged to have been made between June, 1879, and April 22, 1883. The cause was referred to a referee to make up the issues, and try and determine the case, and report to the court. A trial was had, and a report was filed recommending a judgment for the plaintiffs. The defendant filed…

1Opinion of the CourtRotiirock, C. J.

*• Ser»:freight Sates.63: re" I. The action is not founded upon any statute, state or federal. The right to recover is based entirely upon the common law pertaining to the duties and obligations of common carriers. By an amended and substituted petition the plaintiffs claimed unlawful and unjust overcharges upon the shipment of three hundred and sixteen carloads. Each shipment was pleaded in a separate count as a separate cause of action. All of the accounts were alike except in dates of shipment, cars and kind of stock shipped, and stations from which the shipments were made. It is averred,…

2Cases cited3 opinions

  1. New England Express Co. v. Maine Central RailroadSupreme Judicial Court of Maine · 1869
  2. Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
  3. Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884

3Cited by27 opinions

  1. Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
  2. Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
  3. Ogg v. RobbSupreme Court of Iowa · 1917
  4. Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
  5. United Gas Corp. v. Shepherd Laundries Inc.Texas Supreme Court · 1945

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