Legal Opinion

Westphalen v. Atlantic Northern & Southern Railway Co.

Supreme Court of Iowa

Decided July 5, 1911PublishedCited by 7 opinions

!'Appeal from Cass District Court.- — TIon. A. B. Thorn ell, Judge. Action to recover damages for the deterioration and shrinkage of three carloads of cattle shipped to Chicago over the defendants’ lines of railway connecting at Atlantic, due to failure of the defendant, the Chicago, Rock Island & Pacific Railway Company, to unload the animals at Atlantic on plaintiff’s request in order that they should not suffer from the heat while awaiting transportation on that company’s…

Read the full summary

!'Appeal from Cass District Court.- — TIon. A. B. Thorn ell, Judge. Action to recover damages for the deterioration and shrinkage of three carloads of cattle shipped to Chicago over the defendants’ lines of railway connecting at Atlantic, due to failure of the defendant, the Chicago, Rock Island & Pacific Railway Company, to unload the animals at Atlantic on plaintiff’s request in order that they should not suffer from the heat while awaiting transportation on that company’s line of road. There was a verdict for the amount of $190 against the Chicago, Rock Island & Pacific Railway Company,…

1Opinion of the CourtMcClain, J.

Plaintiff had a through contract of shipment with the Atlantic Northern & Southern Railroad Company under which his three carloads of cattle were to ■be transported from a small station on that railroad to Chicago, over that road and the Chicago, Rock Island & Pacific Railroad, the connecting point between the two lines being Atlantic. Although the shipment,was made in the expectation that the Atlantic Northern would deliver the cars at Atlantic in time for them to go forward to Chicago on •the Rock Island at about six o’clock in the evening, the train on the Atlantic Northern did not reach…

2Cases cited8 opinions

  1. Yahn v. City of OttumwaSupreme Court of Iowa · 1883
  2. Vannest v. MurphySupreme Court of Iowa · 1907
  3. Wood v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
  4. Colsch v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1910
  5. Stewart v. AndersonSupreme Court of Iowa · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
  2. Gibson v. Adams Express Co.Supreme Court of Iowa · 1919
  3. Gilbert Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
  4. Allender v. Chicago & NorthWestern Railway Co.Nebraska Supreme Court · 1930
  5. Vincent, Albin & Strahl v. HinesSupreme Court of Iowa · 1924

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API