Legal Opinion

Hamilton v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Iowa

Decided October 19, 1897PublishedCited by 4 opinions

Appeal from Cedar Rapids Superior Court.- — Hon. T. M. Gtbebson, Judge. Plaintiff states, in his petition filed September 24, 1895, his cause of action, in substance, as follows: That on August 31, 1895, the defendant, a common carrier, received from C. H. Stone, for carriage from Strawberry Point to Cedar Rapids, Iowa, “one box containing one Bohemian wheel of fortuné, one box containing fixtures for said wheel, one roll of canvas,” of which said Stone was the owner, and it…

Read the full summary

Appeal from Cedar Rapids Superior Court.- — Hon. T. M. Gtbebson, Judge. Plaintiff states, in his petition filed September 24, 1895, his cause of action, in substance, as follows: That on August 31, 1895, the defendant, a common carrier, received from C. H. Stone, for carriage from Strawberry Point to Cedar Rapids, Iowa, “one box containing one Bohemian wheel of fortuné, one box containing fixtures for said wheel, one roll of canvas,” of which said Stone was the owner, and it was consigned to him; that said goods were on that day transported to Cedar Rapids, and on that day defendant, without…

1Opinion of the CourtGiven, J.

1 I. The material questions raised by plaintiff’s motions and demurrer that were overruled were again raised and preserved on the trial. The motions are long and complicated, and we will not attempt to state them or the demurrer more in detail, but proceed to consider these questions argued, after. first noticing the material facts in the case. There is no dispute but that Stone did ship the goods of which he was owner, and that they were transported to Cedar Rapids, were- wrongly delivered to Hawkins without authority, and that, upon Stone’s thereafter applying for. the goods, the defendant…

2Cited by4 opinions

  1. Chicago, R. I. & P. Ry. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1911
  2. Clark v. American Express Co.Supreme Court of Iowa · 1906
  3. Atchison, Topeka & Santa Fe Railway Co. v. SchriverSupreme Court of Kansas · 1906
  4. Vandalia Railroad v. Upson Nut Co.Indiana Court of Appeals · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API