Lucas v. Burlington Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade,. Judge. Action to recover for injuries to a horse shipped over the defendant’s road. There was a trial to a jury, and a verdiet for the plaintiff for $2,500. On a motion for a new trial, the court required the plaintiff to remit $700 of this amount or submit thereto. The plaintiff filed a remittitur, but excepted to the order. Judgment was thereupon rendered for the plaintiff for $1,800. Both parties appeal.—
1Opinion of the CourtSherwin, J.
The horse alleged to have been injured is a pacing stallion, “Larry Ginter” by name. He was shipped from Iowa City, Iowa, to Cedar Rapids, Iowa, over the defendant’s road, and injured while in the car in the yards at the latter place. When presented for shipment, the plaintiff was asked by the defendant’s agent whether it was a “horse or a stallion.” He answered that it “was a horse, — a common horse.” The rate for shipping stallions was higher than for geldings or mares, and in its answer the defendant pleaded false and fraudulent representation by the plaintiff as to the sex and value of…
2Cases cited3 opinions
- McCune v. B., C. R. & N. R.Supreme Court of Iowa · 1879
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Brush v. S., A. & D. R.Supreme Court of Iowa · 1876
3Cited by10 opinions
- Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
- Winn v. American Express Co.Supreme Court of Iowa · 1910
- Chesapeake & Ohio Railway Co. v. BeasleySupreme Court of Virginia · 1906
- Chesapeake & Ohio Railway Co. v. PewSupreme Court of Virginia · 1909
- McMillan v. American Express Co.Supreme Court of Iowa · 1904
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