Talbott v. Merchant's Despatch Transportation Co.
Supreme Court of Iowa
Appeal from Polls Oirouit Oourt. / This action is' brought to recover the value of four cases of boots, delivered by plaintiff’s agents to defendant, a common carrier, at Hartford, Oonn., to be transported by said defendant to Des Moines, Iowa.
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Appeal from Polls Oirouit Oourt. / This action is' brought to recover the value of four cases of boots, delivered by plaintiff’s agents to defendant, a common carrier, at Hartford, Oonn., to be transported by said defendant to Des Moines, Iowa. The plaintiff alleges the acceptance of the goods, an agreement to carry, and the failure to deliver, and claims the value thereof — $220.38. The defendant, by answer, admits that it is a common carrier, the receipt of the goods and the failure to deliver, and avers, want .of.-knowledge as to value. The defendant also avers that by the express terms of…
1Opinion of the Court
Cole, J. —
i. conflict coniTiietSof mentf place of peTfom. It is conceded by the respective counsel that the contract as shown by ¡the bill of lading, containing exceptions from liability for loss by fire, was valid and binding in Connecticut. Lawrence v. N. Y. P. B. R. R. Co., 36 Conn., 63; and in Illinois, I. C. R. R. Co. v. Morrison, 19 Ill., 24. And that, by Chap. 13, Laws of 11th G. A. of Iowa, it “was enacted “ that in the transportation of persons or property by any railroad or other company, or by any person or firm engaged in the business of transportation of persons or property, no…
2Cases cited4 opinions
- Arnold v. PotterSupreme Court of Iowa · 1867
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- McDaniel v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1868
- Lawrence v. New York, Providence & Boston RailroadSupreme Court of Connecticut · 1869
3Cited by5 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Forepaugh v. Del. R., Pennsylvania Court of Common Pleas, Philadelphia County1889
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Hazel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
- Hartmann v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890