Spahn & Rose Lumber Co. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Bremer District Court. — M. F. Edwards, Judge. Action for damages for shortage in the quantity of coal shipped to the plaintiff! and delivered to it by the defendant. There was a trial before a justice of the peace, and a judgment of $11.55.
1Opinion of the Court
Evans J.
l. actual and error : inconi' petent eviiPisíiedtI?actfab’ The alleged shortage in the weight of the oar of coal shipped to the plaintiff was 4,200 pounds. The coal was shipped by the consignor from Kentucky to the plaintiff, as consignee, at Cedar Rapids. The car was invoiced to the plaintiff at 81,400 pounds of coal. It actually weighed 77,200 pounds. The principal error alleged for our consideration is that there was no competent evidence before the justice as to the original weight of the cari at the time of its consignment. For the purpose of proving such weights, the plaintiff…
2Cases cited1 opinion
- Anthes v. BooserSupreme Court of Iowa · 1900
3Cited by1 opinion
- Yarcho v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918