161 Iowa 639 | Iowa | 1913
The plaintiff is a corporation engaged in the wholesale fruit business at Davenport. Prior to September 2, 1910, it had purchased through Des Moines brokers, Chaney & Co., two car loads of Washington Elberta peaches to be shipped from the state of Washington to Davenport, Iowa. The defendant received such cars from the Northern Pacific Railroad Company, as a connecting carrier,* and transported the same from the point of transfer to Davenport. It delivered the first ear on its “team track” at Davenport on September 2, 1910, and immediately notified the plaintiff of its arrival. The plaintiff’s inspector on the same day examined the goods and reported the same as “overripe,” and the plaintiff refused to accept the sspne. On September 6th? the
The principal questions presented for our consideration by the appellant relate to rulings on the admission of evidence.
The foregoing are the principal errors assigned. Some other minor complaints are suggested. We find no merit in them.
On the general merits of the case there are some features of it that impress us unfavorably against the plaintiff, and which suggest quite strongly that the plaintiff may have profited by its loss. There is an apparent lack of candor and manifest contradiction in some of the testimony for plaintiff; but these were necessarily matters for the jury. The defendant could have protected itself by the observance of a simple statute. Having failed to do so, it was bound to respond to the market value. If the jury was in fact too liberal in its assessment, the defendant has furnished us no criterion by which we can so find.
The judgment below must therefore be Affirmed.