Central Trust Co. v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. James A. Howe, Judge. Action originally brought by the Agar Packing Company to recover treble damages from defendant for unlawful discrimination in freight rates and other violations of our, statutes with reference to the duties of common carriers. The Packing Company having been adjudged a bankrupt, its trustee was substituted as plaintiff, and it is now prosecuting the action.
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Appeal from Polk District Court. — Hon. James A. Howe, Judge. Action originally brought by the Agar Packing Company to recover treble damages from defendant for unlawful discrimination in freight rates and other violations of our, statutes with reference to the duties of common carriers. The Packing Company having been adjudged a bankrupt, its trustee was substituted as plaintiff, and it is now prosecuting the action. Upon issues duly joined the case came on for trial to a jury, and at the conclusion of plaintiff’s testimony the trial court, on motion of defendant, directed a verdict for…
1DissentEvans, J.
(dissenting in part). — I want to concede that the majority opinion presents on the whole an excellent analysis of this voluminous and complicated case. I agree with it .in. the main and am somewhat reluctant to find any fault with it. I can not avoid the conviction, however, that we are not justified upon this record in the partial reversal of the order of the trial court. I arrive *134at this conclusion from two or three points of view which I will suggest as briefly as I can.
I. The majority opinion holds that the trial court properly withdrew from the jury all items based upon transactions…
2Cases cited21 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Concannon v. SmithCalifornia Supreme Court · 1901
- Howell v. HowellWisconsin Supreme Court · 1861
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1893
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