The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-09-22
Ben Belts is Victor In Damage Suit,
Judgment Being Rendered In
His Favor by Judge
Withrow.
POINTS OF LAW IN CASE
Judge Related Finding Of Facts In
Case to Well Filled Court
Room and Features Were
Brought Out.

6TOuSItt OOSs
Judge Withrow rendered his decis-
ion in the case of Ben Belts VS.. c.,
and @. Railroad with the opening Of
the district court this morning. He
found the plaintiff entitled to judge
ment in the aggregate sum of $62S.51.
the said plaintiff being damaged in
that sum in shipment of mules from
Grundy Center. Iowa, to East ST
Louis, There were number of inter
esting points at law disclosed In the
case. and these were explained by
Judge Withrow to we'll filled court
room this morning. His finding OF
facts, conclusions at law and ultimate
findings are given as follows:
Findings Of Fact.
That the mules in question were
shipped under contract made be-
tween the Chicago, Rock-lsland and
Pacific Railroad company and the
plaintiff, the shipment to be from
Grundy Center, Iowa, to East St.
Louis, H., and to be partly over the
line of the defendant company. That
the contract of shipment which was
signed by the plaintiff and issued by
the Chicago, Rock Island and Pacific
Railway company, fixed the limit OF
liability for total loss Of any animal in
the shipment at one hundred dollars.
That the rate charged for such ship
ment from the point OF origin to des
tination was s71.05, with an additional
charge of $500 for finishing loading
at station other than the point or
origin That such has an approved
and published rate for released value
shipments and was less than the reg
ular tariff adopted by the shipping
company and concurred in by the de-
PENDANT company under which the liza
bility of the transportation company
for less would be unlimited. That
such rates were on file in the freight
Office OF c., R. I. & P. at Grundy Cen
ter, Iowa. That the agent of company
at that station named no other route
or condition to plaintiff than that
charged him and paid.
That while in transit and on the line
of the defendant company injury re
suited to such stock.
That such injury resulted from the
condition CT the car into which they
were reloaded in Burlington by EN-
ployes of the defendant company-the
doors of the same being loosened ir
transit. thereby permitting some o.
the animals to get in position result
ing in injury to them,-for which de
fendant is liable.
That upon discovery at Keokuk o
the condition of the mules, the plain
tiff by telegram to the proper office
rotitied him that the shipment wa
turned over to the defendant. In re
Spouse to such telegram Higgins, dc
PENDANTS agent was directed to hav
the mules fed and watered. They wer
then, by both parties recognized a
having been turned over to and Il
the possession of defendant.
BY later message to the superb
tendent at Hannibal. that officer wa
advised that Belts had accepted a
the mules excepting two, which wer
under care Of veterinary surgeo
employed by defendants agent, Hi
gins.
That mules were not turned over
and accepted by the defendant wer
injured in an amount equal to $3.50
as found by appraisement. no othe
proof as to the amount of damage. /
them having been made
That the value Of two mules at tt
time supposed to have bean injured {
as to destroy all future value, We
s3S7.50.
That such two mules we're turne
over to the defendant, being receive
bv it's local agent at Keokuk. G.
Higgins. and by him sold and the pr
ceeds of sale turned in to defendant
company
BY the letter of the agent in authc
ity of date NAV 81. 1908 admissit
was made by him that $4,000 was ii
amount OF damage agreed upon. as
the mules not received by the d
PENDANT. This confirms the theory
plaintiff and indicates that ev,
though Higgins originally NAV ha
acted without authority In the q
praisement and settlement of aniou
of damage, such act was subsequent
ratified by the defendant, If not kno,
to it and authorized by it at and pri
to the appraisement
Conclusions Of Law.
The contract of shipment. havi
been made by him and consigned