Voorhees v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Marion District Court. Action for the recovery of damages caused, as plaintiff alleges, by defendant’s failure to perform its contract to furnish cars at a specified time for the shipment of a Jot of hogs to Chicago. The cause came on for trial at the January term, 1885, of the district court, and, after the parties had each rested, defendant’s counsel filed a motion to direct the jury to return a verdict for it.
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Appeal from Marion District Court. Action for the recovery of damages caused, as plaintiff alleges, by defendant’s failure to perform its contract to furnish cars at a specified time for the shipment of a Jot of hogs to Chicago. The cause came on for trial at the January term, 1885, of the district court, and, after the parties had each rested, defendant’s counsel filed a motion to direct the jury to return a verdict for it. After that motion was argued, and before any order upon it had been entered, the plaintiff asked leave to introduce evidence on a material question which his counsel…
1Opinion of the CourtReed, J.
On the sixteenth of October, 1882, plaintiff went to Olivet, a station on defendant’s road, for the purpose of making arrangements for the shipment, on the next day, of five carloads of hogs from that station to Chicago. There was no telegraph office, at Olivet, and the station agent informed plaintiff that an order for the necessary cars could not be forwarded by mail in time to receive them for the next day. Plaintiff claims that the agent requested him to go to Leighton, a station a few miles away, and have an order for the cars telegraphed from there, and stated that the agent there…
2Cases cited1 opinion
- Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
3Cited by8 opinions
- Atlantic Coast Line Railroad v. Florida Fine Fruit Co.Supreme Court of Florida · 1927
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- McManus v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1908
- McManus v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1912
- Newberry v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912
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