Cook v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. D. Ryan, Judge. In their original'petition plaintiffs alleged that they were buyers and shippers of cattle and hogs, and that from the second day of June, 1879, to the date of bringing the suit, which was August 19, 1885, they had shipped three hundred and fifteen cars of stock over defendant’s railway to the Union Stock Yards at Chicago ; that during all of that time defendant’s published schedule of charges from all stations in…
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Appeal from Jasper District Court. — Hon. D. Ryan, Judge. In their original'petition plaintiffs alleged that they were buyers and shippers of cattle and hogs, and that from the second day of June, 1879, to the date of bringing the suit, which was August 19, 1885, they had shipped three hundred and fifteen cars of stock over defendant’s railway to the Union Stock Yards at Chicago ; that during all of that time defendant’s published schedule of charges from all stations in Jasper county, that being the county from which the shipments were made, was fifty dollars per car, which am ount was…
1Opinion of the CourtReed, J.
1. Pleading : amendment: change of prayer. — I. The first question argued by counsel relates to the order of the referee overruling the motion to strike the amended and substituted petition i'rom the files, and the action of the court jn approving that order. Their contention wras that the case as made in the original petition was for the recovery of the penalty prescribed by section 13, chapter 77, Acts Seventeenth (General Assembly, for violation of the provisions of that act, while that made by the amended and substituted petition was for the enforcement of the common-law right to recover…
2Cases cited3 opinions
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Carton & Co. v. Illinois Central RailroadSupreme Court of Iowa · 1882
- State v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
3Cited by10 opinions
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
- State ex rel. Farrell v. ClossnerSupreme Court of Iowa · 1892
- Devier v. Economic Life Ass'nSupreme Court of Iowa · 1898
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