O'Rourke v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from lucas Circuit Court. Action at law. The petition alleges that plaintiff on the 18th day of June, 1874, delivered to the Kansas City, St. Joseph & Council Bluffs Railroad Company, at St. Joseph, a box of household goods to be transported by the way of Hopkins to Albia, in this State, receiving a receipt therefor, of which the following is a copy: “Kansas City, St. Joseph & Council Bluffs R. R. Co., received of John O’Rourke, in apparent good order, except as below…
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Appeal from lucas Circuit Court. Action at law. The petition alleges that plaintiff on the 18th day of June, 1874, delivered to the Kansas City, St. Joseph & Council Bluffs Railroad Company, at St. Joseph, a box of household goods to be transported by the way of Hopkins to Albia, in this State, receiving a receipt therefor, of which the following is a copy: “Kansas City, St. Joseph & Council Bluffs R. R. Co., received of John O’Rourke, in apparent good order, except as below specified, the under named articles marked as 'per margin, which we propose to deliver without unnecessary-delay, in…
1Opinion of the CourtBeck, J.
I. Evidence was introduced by the parties under the issues tending to establish the facts respectively pleaded by each. The following among other instructions were given to the jury:
“3rd. If you find that the box containing the goods was shipped from St. Joe, Mo., to Hopkins, a station on defendant’s road, and directed to John O’Rourke, Alvey, Iowa, via Hopkins and Crestón, and find there is no such place known as Alvey, Iowa, and that the defendant’s agent at Hopkins, after proper examination, ascertained that there was no such place as Alvey, Iowa, then it would be the duty of the defend*530ant…
2Cited by4 opinions
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Orr v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1895
- Gerhard Mennen Chemical Co. v. Merchants Express & Transportation Co.Supreme Court of New Jersey · 1908
- Pennsylvania Railroad v. SamuelSuperior Court of Pennsylvania · 1911