Legal Opinion

Davis v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided June 1, 1891PublishedCited by 15 opinions

Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Action to recover the value of certain clothing and other property taken from a trunk which the plaintiff checked from Massillon, Ohio, to Knoxville, in this state, having purchased a railroad ticket for transportation between these points by a route including the defendant’s railroad. A judgment was rendered upon a verdict for the plaintiff. The defendant appeals.

1Opinion of the CourtBeck, C. J.

I. The plaintiff’s original petition is in two counts; the first alleging the purchase of a through ticket from Massillon, Ohio, over the Wheeling & Lake Erie, the Baltimore & Ohio and the Chicago, Rock Island & Pacific railroads, and that the defendant issued to her a check for her trunk, containing the property taken from it, which secured its transportation over the route contemplated by the ticket. This count alleges the delivery of the trunk to the defendant in good condition, and the receipt from the defendant of the check. The second count differs from the first in alleging that the…

2Cases cited18 opinions

  1. Hinkle v. DavenportSupreme Court of Iowa · 1874
  2. Stephens v. WilliamsSupreme Court of Iowa · 1877
  3. Smith v. HowardSupreme Court of Iowa · 1869
  4. Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
  5. Bean v. BriggsSupreme Court of Iowa · 1857

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3Cited by15 opinions

  1. Voelker v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1902
  2. Sieverts v. National Benevolent Ass'nSupreme Court of Iowa · 1895
  3. Weidert v. Monahan Post Legionnaire Club, Inc.Supreme Court of Iowa · 1952
  4. Burt v. Florida Southern Railway Co.Supreme Court of Florida · 1901
  5. Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930

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