147 Iowa 137 | Iowa | 1910
The plaintiff’s daughter, Mrs. Campbell, had given him a thoroughbred mare at Etica, N. Y., and, as he was unable to make satisfactory arrangements with a freight line for transportation thereof to Dubuque, the agent of defendant at the latter place suggested that he have it shipped by the American Express Company. Negotiations resulted in defendant receiving her September 19, 1906, and she reached Chicago shortly after three o’clock on the following afternoon, too late for the outgoing train to Dubuque. The company unloaded and left her in its building near the depot until seven forty o’clock in the evening, when an employee undertook to lead her to its bams, several Mocks distant. She was nervous and became frightened by automobiles and' street cars, and finally, according to the employee’s story, reared on the hind legs, and fell over backward on the pavement, and died. The plaintiff’s claim for the value of the animal at Dubuque, less transportation charges, is based on an alleged oral agreement with defendant’s agent at that place, while defendant contends that transportation was undertaken in pursuance of a written contract with plaintiff’s daughter at Utica, N. Y., in which the value of the animal was limited to $75. The court instructed that, in order to warrant a verdict for the plaintiff, the jury must find that there was an oral agreement such as alleged, that the shipment was undertaken thereunder, and that
The jury might have accepted Mrs. Campbell’s testimony; and, if so, the company was advised that she had nothing to do with the transportation save to deliver the animal to the express company, and merely signed the contract because requested, and not for any purpose of her own. There is no pretense that in putting her name to the paper she was acting for plaintiff. This instrument, then, though' in writing, furnished no obstacle to the introduction of oral evidence of - an agreement between the plaintiff and the agent at Dubuque, for the reason, among others, that it was between the same parties. This evidence, when considered in connection with that hereafter referred to, was sufficient to authorize a finding that the transportation of the mare was undertaken in pursuance of the arrangements between the Dubuque agent and plaintiff. The latter testified that, after talking to the agent of a freight line, he had a conversation with this agent of defendant, who informed him that the charge for transporting the mare from Utica, N. Y., would be $105; that she would be placed in the express car with a portable stall and come through in the same time as a passenger, and, upon reaching Chicago, would be transferred by means of a platform; that the agent exhibited to him a couple of contracts for the carriage of race horses, but he did not read all. of them; that he noticed the clause limiting the value of a horse to $7 5 and directed the agent’s attention thereto; that the agent explained that this was a mere matter of form, and that, should the animal be killed, he would be paid the reasonable value thereof, and that he (Cox) told the agent that, if what he said was true, to go ahead and ship the mare, and that he then wrote his daughter
No other ruling requires consideration save to approve, and the judgment is affirmed.