Green v. Milwaukee & St. Paul Railroad
Supreme Court of Iowa
Appeal from Winneshieh District Court. Action to recover the value of a trunk and contents of clothing alleged to have been lost or destroyed while in possession of defendant as a carrier. There was a trial to a jury, and a verdict rendered against plaintiff under an instruction of the court to the effect that there was no evidence showing that the trunk was delivered to defendant or its agents. From a judgment rendered upon this verdict plaintiff' appeals.
1Opinion of the CourtBeck, C. J.
— The evidence disclosed the fact that plaintiff, desiring to take passage by an early morning train on defendant’s road at Boscobel, in the state of Wisconsin, for Decorah, sent her trunk the evening before by a drayman to defendant’s depot. It was left by the drayman in the waiting room, and as there were no employes of defendant about the premises, no *101notice thereof was given to any one. This was after business hours in the evening. It was shown that plaintiff had quarterly, for three years, been in the habit of making the same journey she was about to take, and had always sent her trunk…
2Cases cited2 opinions
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Way v. Illinois Central R. R.Supreme Court of Iowa · 1872
3Cited by9 opinions
- Lake Shore & Michigan Southern Railway Co. v. FosterIndiana Supreme Court · 1885
- Wambold v. BrockSupreme Court of Iowa · 1945
- Green v. Mil. & St. P. R.Supreme Court of Iowa · 1875
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TylerIndiana Court of Appeals · 1893
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