Legal Opinion

Winne v. Illinois Central R. R.

Supreme Court of Iowa

Decided June 20, 1871PublishedCited by 9 opinions

Appeal from Floyd Cvrcwit Court. This action was brought by the plaintiff to recover damages to 400 barrels of flour, alleged to have been sustained while the same was being transported from Waverly, Iowa, to Chicago, Illinois, on defendant’s railroad. The cause was tried to a jury; verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtMiller, J.

*5851. Evidence: carrier4 ‘ *584— I. Before the commencement of the trial below, the defendant filed a motion to strike out certain *585portions of depositions taken by tbe plaintiff. This motion was overruled, and the defendant' assigns such ruling as error. The objections to the testimony of the witnesses, rs stated in the motion, are imumteriality and irrelevancy, and it is urged in argument that as them testimony shows that they could not state the condition of all the flour when it was examined in Chicago; that as they saw only a part of it examined, their evidence should have been excluded.

The…

2Cases cited2 opinions

  1. Angle v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  2. Porter v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1865

3Cited by9 opinions

  1. Texas & Pacific R'y Co. v. Levi & Bro.Texas Supreme Court · 1883
  2. Swiney v. American Express Co.Supreme Court of Iowa · 1908
  3. Star Mill & Elevator Co. v. SaleCourt of Appeals of Texas · 1912
  4. Arbuckle Bros. v. Everybody's Gin & Mill Co.Court of Appeals of Texas · 1912
  5. McNamara v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918

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