Mendenhall v. Chi. Great W. Ry. Co.

• Decision Date: 10 April 1912
• Citation: 135 N.W. 620,155 Iowa 236
• Parties: MENDENHALL v. CHICAGO GREAT WESTERN RY. CO.
• Court: Iowa Supreme Court

155 Iowa 236

135 N.W. 620

MENDENHALL

v.CHICAGO GREAT WESTERN RY. CO.

Supreme Court of Iowa.

April 10, 1912.

Appeal from District Court, Polk County; W. H. McHenry, Judge.

Action to recover damages for personal injuries received by plaintiff while upon a passenger train which was being operated by the receivers of the Chicago Great Western Railway Company. The defendant, the Chicago Great Western Railway Company, is sought to be held as purchaser of the property from the receivers in virtue of its contract with the receivers. The trial court sustained a demurrer to the plaintiff's petition, and he appeals. Affirmed.E. A. Lingenfelter, of Des Moines, for appellant.

Carr, Carr & Evans, of Des Moines, for appellee.

DEEMER, J.

The Chicago Great Western Railway Company went into the hands of receivers pursuant to orders regularly made by United States Circuit Courts of the Northern and Southern Districts of Iowa. While a passenger on one of the trains which was being operated by the receivers under the orders of court, plaintiff received the injuries of which he complains. He brought his action against the Chicago Great Western Railway Company who purchased the railway from the receivers, claiming that said company agreed to pay all debts and liabilities incurred by the receivers while operating the road. His petition set forth the order and decree of the federal court approving the sale by the receivers to the defendant, from which we extract the following: “As a part of the consideration for the property purchased, the purchaser shall take the property and shall receive the deed therefor upon the express condition that, in addition to the sum bid therefor, the purchaser shall pay and discharge all the following claims which are not paid by the amount bid: * * * (b) All indebtedness, obligation, or liabilities which by such receivers shall have been contracted or incurred in the operation or on account of the property of the said Great Western Company, at any time before the same shall have been delivered to the purchasers, or in the discharge of their duties as receivers any time before they are finally discharged. (c) All debts against the Great Western Company which prior to the entry of this decree shall have been duly presented to the master as provided by interlocutory decree, and which shall have been, or shall be, duly allowed for payment by said special master without objection, or by final order, judgment, or decree of this court, as...