Maine v. Chi., B. & Q. R. Co.

• Decision Date: 12 October 1899
• Court: Iowa Supreme Court
• Parties: MAINE v. CHICAGO, B. & Q. R. CO.

109 Iowa 260

80 N.W. 315

MAINE

v.CHICAGO, B. & Q. R. CO.

Supreme Court of Iowa.

Oct. 12, 1899.

On rehearing. Affirmed.

For former opinion, see 70 N. W. 630.

*315PER CURIAM.

After the opinion prepared on the original submission of this cause was filed, a rehearing was granted on the petition of the plaintiff, to enable this court to re-examine its holdings, to the effect that the contract between the plaintiff and the relief department of the defendant was valid, and to consider in that connection the case of Railway Co. v. Montgomery (Ind. Sup.) 49 N. E. 582. That case, so far as it was in conflict with our conclusion in this case, was *316overruled by the court which decided it, in Railway Co. v. Moore (Ind. Sup.) 53 N. E. 290. See, also, to the same effect, Railway Co. v. Hosea, Id. 419. We have again considered the validity of the contract, aided by the exhaustive arguments of counsel, and remain satisfied with the conclusion in regard to it announced in Donald v. Railway Co., 93 Iowa, 284, 61 N. W. 971, and in the original opinion in this case. That conclusion now appears to be in harmony with the holdings of all courts of last resort which have considered the principle involved, and to be well founded in reason. In view of what was said in the Donald Case, it is not necessary to further discuss the validity of the contract in suit. We remain satisfied with the disposition of the point re-examined made in the former opinion, which is adhered to, and the judgment of the district court stands affirmed.