Carrier v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. W. R. Lewis, Judge. These several cases, involving the same questions, are submitted together. They are actions to recover back part of money paid by the plaintiffs, respectively, to the defendant, at different times, as freight charges on carloads of cattle shipped by plaintiffs from Jasper county, Iowa, to Chicago, Illinois.
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Appeal from Jasper District Court. — Hon. W. R. Lewis, Judge. These several cases, involving the same questions, are submitted together. They are actions to recover back part of money paid by the plaintiffs, respectively, to the defendant, at different times, as freight charges on carloads of cattle shipped by plaintiffs from Jasper county, Iowa, to Chicago, Illinois. Each petition contains several counts, aggregating twenty-eight hundred and twenty-six ; each count stating a separate cause of action in substantially the same terms, except as to the dates of shipment. The count set out in the…
1Opinion of the CourtGiven, J.
1. statute of cSrieís°-uncharges^6 onñ-aüSfsed I. When these causes of action are alleged to have accrued, there was no statute, state or national> rates, nor providing for e(lua^fcy of rates; hence the right of the plaintiffs to maintain such actions must be determined by the common law. It is not questioned but that at common law a common carrier was only entitled to charge reasonable rates, and was liable to an action for unreasonable charges. The counts demurred to show that the alleged causes of action accrued more than five years before the bringing of these actions. The sole question…
2Cases cited20 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Kendall v. United StatesSupreme Court of the United States · 1883
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Troup v. Executors of SmithNew York Supreme Court · 1822
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
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3Cited by27 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- State v. United States Steel Corp.Supreme Court of New Jersey · 1956
- Ogg v. RobbSupreme Court of Iowa · 1917
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- McKay v. McCarthySupreme Court of Iowa · 1909
22 more not listed; retrieve them via the Exa API.