Hurley v. Illinois Central Railroad

This is an action ag’ainst a common carrier for damages to two carloads of corn occurring while they .were en route from Council Bluffs, Iowa, to Clinton, Missouri. There was a verdict and judgment in favor of the defendant and plaintiffs have appealed.

Plaintiffs alleged general negligence, pleading a case under the insurer theory of liability on the part of defendant, but at the trial assumed the burden of proving specific negligence. Plaintiffs’ evidence tended to show that on July 24, 1920, the defendant issued its bills of lading on the cars in question and that the shipment left Council…