Hicks v. Wabash Railroad
Supreme Court of Iowa
Appeal from Fremont District Court.— Hon. O. D. Wheeler, Judge. Action to recover the value of a trunk and its contents, belonging to plaintiff, transported by defendant as a common carrier of passengers, as baggage, from the town of New Conception, in Missouri, to Shenandoah, in Iowa, and there destroyed by accidental fire.
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Appeal from Fremont District Court.— Hon. O. D. Wheeler, Judge. Action to recover the value of a trunk and its contents, belonging to plaintiff, transported by defendant as a common carrier of passengers, as baggage, from the town of New Conception, in Missouri, to Shenandoah, in Iowa, and there destroyed by accidental fire. The defendant denied that plaintiff was a passenger on defendant’s road and that the trunk of plaintiff was transported as baggage, and further alleged that the trunk and its contents were transported by defendant as a common carrier of goods, and were accidentally…
1Opinion of the Court
McClain, C. J.—
Plaintiff arrived with her trunk at the town of New Conception on the train of the Chicago Great Western Railroad Company, with the intention of there taking a train on the defendant road for her destination which was Shenandoah. Rinding, however, that no trains were running on the defendant road by which she could reach her destination, she proceeded on the suggestion of defendant’s agent, who was also the agent of the Chicago Great Western Railroad Company, on the train of the latter to another point in Missouri, from which by a roundabout way she reached Shenandoah over…
2Cases cited10 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Faulkner v. . HartNew York Court of Appeals · 1880
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
- Rice v. HartMassachusetts Supreme Judicial Court · 1875
- Beers v. Boston & Albany RailroadSupreme Court of Connecticut · 1896
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3Cited by4 opinions
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Texas Instruments Incorporated v. Branch Motor Express Co., and Third-Party v. Airlift International, Inc., Third-PartyCourt of Appeals for the First Circuit · 1970
- Adams Seed Co. v. Chicago Great Western RailroadSupreme Court of Iowa · 1917
- Keystone Publishing Co. v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1922