44 N.W. 800 (Iowa 1890), Beard & Sons v. The Illinois Central Railway Company

Citation:44 N.W. 800, 79 Iowa 518
Opinion Judge:BECK, J.
Party Name:BEARD & SONS v. THE ILLINOIS CENTRAL RAILWAY COMPANY
Attorney:Mills & Keeler and W. J. Knight, for appellant. Rickel & Crocker, for appellees.
Case Date:February 10, 1890
Court:Supreme Court of Iowa
 
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Page 800

44 N.W. 800 (Iowa 1890)

79 Iowa 518

BEARD & SONS

v.

THE ILLINOIS CENTRAL RAILWAY COMPANY

Supreme Court of Iowa, Des Moines

February 10, 1890

Decided January, 1890.

Appeal from Cedar Rapids Superior Court.--HON. JOHN T. STONEMAN, Judge.

ACTION to recover damages for injury sustained by plaintiffs from the negligence of defendant in transporting a carload of butter, which it had received from an intermediate carrier, whereby the butter was greatly injured. There was a verdict and judgment for plaintiff. Defendant appeals.

AFFIRMED.

Mills & Keeler and W. J. Knight, for appellant.

Rickel & Crocker, for appellees.

OPINION

Page 801

[79 Iowa 519] BECK, J.

I.

The plaintiff delivered to the Burlington, Cedar Rapids and Northern Railway Company, at West Union, in two consignments, a large quantity of butter for transportation to New Orleans. The facts as to both separate consignments are identical. In the further statement of facts they will be referred to as but one transaction. The butter was put in refrigerator cars by the company first receiving it and was transported therein over connecting roads to St. Louis, where it was transferred by drays across the river, and delivered to the St. Louis, Alton and Terre Haute Railway Company, known as the "Cairo Short Line," and put in a common box car, and a lined fruit car, each of which was sealed, as is usually done, and sent on the same day to Duquoin, Illinois, and delivered to defendant, which transported it to New Orleans, in the same cars. The butter was not examined by defendant, and no attempt was made to ascertain its condition, on the probability that it could or would not be transported in the cars, without injury, to New Orleans. The Cairo Short Line Company billed the butter to New Orleans at a rate of freight charges for common cars. It appears that the consignment took the usual course of transaction between defendant and [79 Iowa 520] the Cairo Short Line, at Duquoin. It is not shown that plaintiff, or the initial or connecting carrier, made any demand of defendant or the Cairo Short Line Company for a refrigerator car, or for the protection of the butter from the effects of heat by the use of ice in the common car in which it was transported, and it is not shown that plaintiff, or the initial carrier, or the connecting companies to St. Louis, had any notice or information in any way, directly or indirectly, of the shipment of the butter without protection from the effects of the...

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