Terre Haute & Indiana Railway Co. v. Struble

Citations

• 109 U.S. 381
• 3 S. Ct. 270
• 27 L. Ed. 970
• 1883 U.S. LEXIS 979

Syllabus

<p>Contract — Practice—Review.</p> <p>1. A railway company, in consideration of the undertakings of S. in a written agreement, agreed therein to send all live stock coming over its road to East St. Louis, to the stock yard of S. at that place, except such as should be specially ordered otherwise by shippers or owners, and to pay him therefor an agreed rate for loading and an agreed rate for unloading: Held, that this agreement applied to all live stock shipped in the ordinary course of the company’s business over its road, the direction of which was not otherwise specially ordered by shippers, and which it was possible for the company to have loaded at the stock yard of S.; and, that on a breach on the part of the company being proved, without fault on the part of S., he could recover from the company damages in consequence of stock being sent by the company to another stock yard at that terminus.</p> <p>2. The action of the court below in denying a motion for a new trial is not subject to review.</p>