Swiney v. Am. Express Co.
| Decision Date | 28 October 1909 |
| Citation | 144 Iowa 342,122 N.W. 957 |
| Parties | SWINEY v. AMERICAN EXPRESS CO. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Webster County; J. H. Richards, Judge.
On rehearing. Affirmed.
For former opinion, see 115 N. W. 212.
*957P. F. Nugent, for appellant.
Kelleher & O'Connor and W. S. Kenyon, for appellee.
An opinion was filed in this case on the 10th of March, 1908, which is reported in 115 N. W. 212. A rehearing was granted because of doubt as to the correctness of the fourth division of said opinion. We have again given the entire case careful consideration, and reach the conclusion that the original opinion is in all respects right, and that it should be adhered to and adopted as the opinion of the court on rehearing, which is accordingly done, and the judgment affirmed.
Affirmed.
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Ruebel Bros. v. American Express Co.
... ... knowledge, Cincinnati, N. O. & T. [190 Iowa 609] ... P. R. Co. v. Greening, (Ky.) 30 Ky. L. Rep. 1180, ... 100 S.W. 825; Grieve v. Illinois Cent. R. Co., 104 ... Iowa 659, 664, 74 N.W. 192; Gilbert Bros. v. Chicago, R ... I. & P. R. Co., 156 Iowa 440, 449, 136 N.W. 911; ... Swiney v. American Exp. Co., 144 Iowa 342, 346, 115 ... N.W. 212: that the special agreement at bar is an exception, ... and is within the rule where the defendant has special ... knowledge, Boehl v. Chicago, M. & St. P. R. Co., 44 ... Minn. 191 (46 N.W. 333); Mosteller v. Iowa Cent. R ... Co., ... ...
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