Green v. Mil. & St. P. R.
Supreme Court of Iowa
Appeal from Winneshiek District Court. This is an action to recover the value of a trunk and contents alleged to have been lost whilst in the possession of defendant as a carrier. There was a jury trial, and a verdict and judgment for plaintiff for $400. Defendant appeals. The case was before us on a former occasion.
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Appeal from Winneshiek District Court. This is an action to recover the value of a trunk and contents alleged to have been lost whilst in the possession of defendant as a carrier. There was a jury trial, and a verdict and judgment for plaintiff for $400. Defendant appeals. The case was before us on a former occasion. See 38 Iowa, 100. Actual delivery, even when sanctioned bj7 custom and the understanding of the parties, must be accompanied by express notice, to charge the carrier. (Packard v. Getman, 6 Cowen, 757; Angelí on Carriers, 2d ed,. §145; Story on Bailments, 4th ed., § 532; 2 Kent,…
1Opinion of the Court
Day, J. —
I. Upon the trial evidence was introduced tending to establish the following facts:
“For two and one-half years previous to the loss in question, plaintiff had been teaching school in Decorah, Iowa. She spent her vacations at Boscobel, Wisconsin, whither she was in the habit of going three times a year.
On the afternoon of August 30th, 1870, she talked with the agent at Boscobel about going back to Decorah, and informed him that her trunk was going to the depot that afternoon to take the early morning 'train west. In. the evening of the same day plaintiff sent her trunk to defendant’s…
2Cases cited2 opinions
- Allender v. C. R. I. & P. R. R.Supreme Court of Iowa · 1873
- Green v. Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1874
3Cited by8 opinions
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- Wambold v. BrockSupreme Court of Iowa · 1945
- Galveston, Harrisburg & San Antonio Railway Co. v. SmithTexas Supreme Court · 1891
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1911
- Houston E. W. T. R. Co. v. AndersonCourt of Appeals of Texas · 1912
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