Terre Haute & Indiana Ry. Co. v. Struble, 109 U.S. 381 (1883)
U.S. Supreme CourtTerre Haute & Indiana Ry. Co. v. Struble, 109 U.S. 381 (1883)
Terre Haute & Indiana Railway Company v. Struble
Argued November 14, 1883
Decided November 26, 1883
109 U.S. 381
1. A railway company, in consideration of the undertakings of S. in a written agreement, agreed therein to send all livestock coming over its road to East St. Louis to the stockyard 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 livestock 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 stockyard 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's being sent by the company to another stockyard at that terminus.
2. The action of the court below in denying a motion for a new trial is not subject to review.
Action on a written contract under seal to recover damages from the railway company for a breach. The essential facts appear in the opinion of the Court.