Hewett v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Montgomery District Court. Plaintiff sues for the value of a car load of potatoes delivered by bim to defendant for shipment, and which were destroyed by being frozen through defendant’s negligence, as he alleges, in failing to forward them promptly to their destination. The case was tried to a referee, who found that defendant was liable.
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Appeal from Montgomery District Court. Plaintiff sues for the value of a car load of potatoes delivered by bim to defendant for shipment, and which were destroyed by being frozen through defendant’s negligence, as he alleges, in failing to forward them promptly to their destination. The case was tried to a referee, who found that defendant was liable. Defendant moved to set aside the referee’s report on the grounds that the findings of fact and conclusions of law were not supported by the evidence, and of alleged errors committed on the trial in the admission and exclusion' of testimony. The…
1Opinion of the CourtReed, J.
*6131. Evidence: parol to contradict bill of lading. *612I. The property was shipped at Lenox, in this state, and was consigned to plaintiff at Omaha, Nebraska. *613At the time the property was delivered to defendant, plaintiff paid the freight charges thereon to its destination, and received from defendant the following bill of lading:
“Lenox, Iowa, November 10th, 1880.
“Eeeeived from H. H. Hewett, in apparent good order, by the Chicago, Burlington & Quincy Eailroad Company, .to be transported to Council Bluffs, Iowa, the following articles as marked and described below, subject to the general rules of…
2Cases cited1 opinion
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
3Cited by17 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Beard & Sons v. Illinois Central Railway Co.Supreme Court of Iowa · 1890
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Green-Wheeler Shoe Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- W. H. Blodget Co. v. New York Central RailroadMassachusetts Supreme Judicial Court · 1927
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