Lefebure v. American Express Co.
| Decision Date | 21 February 1913 |
| Citation | 139 N.W. 1117,160 Iowa 54 |
| Parties | HENRY LEFEBURE, Appellant, v. AMERICAN EXPRESS COMPANY, Appellee |
| Court | Iowa Supreme Court |
Appeal from Linn District Court.--HON. MILO P. SMITH, Judge.
ACTION to recover damages for the death of two imported draft stallions, due to the negligence of the defendant, a common carrier, which undertook to transport them from the city of New York to Fairfax, Iowa. The trial court, upon motion directed a verdict for the plaintiff in the sum of $ 200, and taxed the costs to the plaintiff. Plaintiff alone appeals. Affirmed in part and Reversed in part.
Affirmed in part and Reversed in part.
Redmond & Stewart, for appellant.
Parker Parrish & Miller and Dawley & Wheeler, for appellee.
Plaintiff is a dealer, breeder, and importer of high-grade horses, living at Fairfax, in this state. He concluded to make a trip to Europe, during the fall or early winter of the year 1909, to purchase some horses, and inquired of the local agent of the defendant company, at the city of Cedar Rapids in this state, as to the car load express rates on horses from New York City to his home town, and was informed that it was $ 350 per car. Following out his purpose, he, plaintiff, went to Europe, where he purchased twenty-six head of horses, fifteen of which were Belgian and eleven were French. These he shipped by boat to New York City, the port of entry; and, when nearing New York City, he sent a wireless message to the defendant, notifying it of the approach of the vessel.
Plaintiff testified as follows regarding this matter:
I purchased horses in Europe for shipment to Fairfax-- twenty-six head. They were shipped from Europe to New York Mr. Oliver and myself accompanying the shipment. I mailed the invoice of the French horses to the American Express Company, and it received it before the arrival of the horses. The invoice of the Belgian horses I had in my possession. . . . There were twenty-six horses in the shipment, one of which was sold on board ship. On arriving at New York I was met by an agent of the American Express Company, on the wharf; it was Sunday morning. He asked me whether I had the other invoice; he said he had received one, and asked if I had my bill of lading. I said 'Yes'; then he told me to be on hand at the office Monday morning at 9 o'clock and they would proceed to clear the horses. I delivered the other invoice at the office of the American Express Company, on Monday morning. Q. Now, did you have anything to do with the official process through the United States government officer there of clearing or complying with their regulations, or who did that, if anybody? Mr. Miller: That is objected to as being immaterial. Objection overruled. Defendant excepts. A. They did that. I have not seen the invoices for the horses since I gave them to the agents of the express company. The original invoices for the horses imported are retained in the United States Custom House in New York City. I obtained certified copies of these invoices from the United States Custom House at New York. . . . It was six or seven, possibly eight hours after I delivered the invoices on Monday morning before the horses were unloaded from the vessel. The steamship company unloaded the horses from the ship and turned them over to the employees of the American Express Company on the docks. The horses were loaded into the cars by the employees of the American Express Company, which company furnished the cars. The employees arranged the stallions in the cars, tied them in the cars. The loading into the cars was finished at six, or possibly seven o'clock. It was dark; it was early in December. I and Mr. Oliver were at the cars when the loading was finished. Just before the cars were started an employee of the express company --a well-dressed man who seemed to superintend the work--presented me papers for my signature. Exhibits 3 and 4 are the papers. Both these papers were presented to me at the same time and place by this same man in the horse car, he saying to me, 'Here are the contracts ready to sign'--he wanted me to hurry and sign them, as he wanted to make some car or train. There was no light there other than the little railroad lanterns. Mr. Oliver and this gentleman, the agent, were the only ones present when I attached my signature. Q. Did you read the contracts? A. No, sir. Mr. Miller: Wait; that is objected to as being immaterial and irrelevant. The Court: The answer may stand. (Defendant excepts.) At that moment I knew the cars were about to start on their way to Fairfax, and did start a few minutes thereafter. I did not see the agent again after attaching my signature; he leaving immediately as soon as he got my signature. Q. You may state whether or not at the time you placed your signature, as you have testified, to these contracts, Exhibits 3 and 4, you knew that there had been a value placed on these horses in that contract; that is, of $ 100 each. A. No; I did not. Mr. Miller: That is objected to as being incompetent--the witness being presumed to know--and irrelevant and immaterial. The Court: You may answer it. (Defendant excepts.) Q. Did you see these contracts, Exhibits 3 and 4, at any time or place, or have anything to do with their formulation prior to the time that they were presented to you in the car in the night for your signature? Mr. Miller: That question is objected to as being immaterial, for the reason that the witness has already testified that he signed the contracts, Exhibits 3 and 4, and he is therefore bound by them. The Court: You may take the answer. (Defendant excepts.) A. I did not until they were put upon my knee for signature. Q. Did any one, for or on behalf of the American Express Company, ask you at any time the value of these horses, or to place a value upon them? (Objected to by defendant as immaterial, for the reason that the witness has already testified that he signed the contracts, Exhibits 3 and 4, and he is therefore bound by them. ) A. No. Q. Did you at any time tell any of the officers or agent of the company the value of these horses? A. No. Mr. Oliver was present at the time these contracts were placed upon my knee for signature, and signed at the same time and place. The cars were routed to Chicago by Detroit; Mr. Oliver and I went in the cars with the horses on the way from New York to Chicago, and Fairfax--Mr. Oliver in one car and I in the other. . . . Q. You testified, I believe, that you didn't inform the American Express Company of the value of these animals--didn't tell them? A. No; I didn't tell them. Q. The only information the American Express Company derived as to the value of these horses would be from the invoices which you say were turned over to them? A. Yes, sir. Q. That is, Exhibits 1 and 2? A. Yes, sir. Q. Referring to Exhibit 1 again, it says, eleven Percheron stallions--here is 1,150 pounds--that is, pounds sterling? A. Yes, sir. Q. That refers to the aggregate value of the whole eleven Percheron stallions? A. Yes, sir. Q. How is that value determined--by what you paid? A. That is what I paid the man for the horses; they were all bought in one bunch. Q. You stated that you had nothing whatever to do with the process of clearing these animals from the custom house; isn't it a fact that you went to the custom house and signed the entry? A. Yes, sir. Q. So you did have something to do with it? A. I accompanied the express broker or agent. Q. And signed the entry? A. Yes, sir; and then I believe I was sworn. I think it was six or seven o'clock at night when the unloading was completed at the pier in New York, and the contracts were signed as soon as the loading was finished. I may have signed the contracts before 6 o'clock that night. I am not positive as to the time. Q. Are you sure the loading was finished when you signed the contracts? A. Yes, sir; the date was December 6th. I recall the man who presented these contracts for signature. I see him in the courtroom; that is the gentleman standing up who presented Exhibits 3 and 4 for my signature. I was in the car at the time. The cars are provided with lighting facilities; they have gaslights, but were not lighted at the time I signed these contracts. We had to call for a lantern for me to sign my name on the papers; I signed them by lantern light. I didn't ask for time to read them over; I did not make any objection to signing the contracts without reading them over; we were in a hurry. I knew it was a shipping receipt or contract of some kind; I didn't know what it provided; I knew the contract was for the transportation of two car loads of horses from where they were at the pier in New York to my home at Fairfax, Iowa and I supposed that was what I was doing. I didn't read any part of the contract; I simply looked at the place for my signature and signed. These contracts, Exhibits 3 and 4, have been in my possession ever since, except the time they have been in my attorney's hands. . . . I am forty-five years, and able to read and write the English language; read it quite readily. Q. You would, had you undertaken to do so, had no difficulty whatever in reading Exhibits 3 and 4? A. All I would need is the time. Q. Did you ever read one of these contracts? A. No. sir; I did not, not until after this accident. I have a few similar contracts in my possession. Q. You never read one? A. No, sir. The name 'H. Lerebure' on defendant's Exhibit A is my signature. I don't remember whether I had a duplicate of that contract or not; I usually do. I remember taking stock to the State Fair. I did not read the contract at that time; I have never read any of those contracts. Q. I will ask you why you didn't read them, Mr. Lefebure? A. I never took time; it would take a man at least...
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