Clements v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from, Benton District Court. — Hon. L. GK Kinne, Judge. ■ Action against a common carrier for the value of certain property delivered to it for transportation, and which it failed to deliver at its destination. Judgment for plaintiff for the value of the property at the point of destination, as the court found the same to be, less the amount of the freight bill. Defendant appeals.
1Opinion of the CourtReed, J.
Plaintiff bought the property, which was a lot of fruit trees, at the point of shipment, in this state, paying $115.89 for it. He had contracted for the sale of it, for a larger amount, at Savannah, 111.; that being the point of destination. There ■ was no evidence of its value at Savannah, except the agreement of the parties as to the price at which plaintiff had sold it. Defendant did not deny that the measure of plaintiff ’ s damages is the value of the property at the point of destination, less the cost of carriage; but it contended that that value could not be determined from the single…
2Cases cited1 opinion
- Northern Transportation Co. v. McClaryIllinois Supreme Court · 1872
3Cited by7 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- Thompson v. AndersonSupreme Court of Iowa · 1895
- Gensburg v. Marshall Field & Co.Supreme Court of Iowa · 1898
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