Bowen v. Hale
Supreme Court of Iowa
Appeal from the Mahaska District Court. The plaintiffs sued the defendant as a common,carrier, for so negligently and carelessly performing his undertaking to carry a demijohn, containing six gallons of brandy, from Burlington to Oskaloosa, in Iowa, that the same was lost and destroyed.
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Appeal from the Mahaska District Court. The plaintiffs sued the defendant as a common,carrier, for so negligently and carelessly performing his undertaking to carry a demijohn, containing six gallons of brandy, from Burlington to Oskaloosa, in Iowa, that the same was lost and destroyed. The defendant filed his answer, denying the carrying, and the contract to carry ; and averring that' it was void under the law; that he did not know 'there was brandy on his wagon; that he never agreed to haul brandy in a demijohn, from Burlington to Oskaloosa, for the plaintiffs ; that plaintiffs sent a…
1Opinion of the CourtWoodward, J.
The defence is based upon an assumed construction of the act for the suppression of intemperance, of January 22d, 1855. Statute 1855, 58. This act provides that the keeping of intoxicating liquor, with intent oil the part of. the owner, to sell the same within this state, contrary to the provisions of this act, is prohibited, and the intoxicating liquor so kept, is declared a nuisance. But under the same act, such liquors might be sold by authorized agents, for medicinal, mechanical, and sacramental purposes, and they might be manufactured in the state, for the purpose of being sold according…
2Cited by3 opinions
- Dyson v. ReamSupreme Court of Iowa · 1859
- Sommer v. CateSupreme Court of Iowa · 1867
- Sommer v. CateSupreme Court of Iowa · 1867