SooperKanoon Citation | sooperkanoon.com/82597 |
Court | US Supreme Court |
Decided On | 1874 |
Case Number | 87 U.S. 543 |
Appellant | Express Company |
Respondent | Ware |
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context}
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]express company v. ware - 87 u.s. 543 (1874) u.s. supreme court express company v. ware, 87 u.s. 20 wall. 543 543 (1874) express company v. ware 87 u.s. (20 wall.) 543 error to the circuit court for the district of nebraska syllabus 1. this court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. 2. where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or.....Code Context}
//highest occurence of word in the judgement
echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' )include - APP/View/Case/amp.ctp, line 123 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 0include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Express Company v. Ware
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 1include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
87 U.S. (20 Wall.) 543
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 2include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 3include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
ERROR TO THE CIRCUIT COURT
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 4include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
FOR THE DISTRICT OF NEBRASKA
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 5include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Syllabus
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 6include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 7include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period.
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 8include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however,
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 9include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 10include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. *
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 11include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war."
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 12include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 13include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 14include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 15include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 16include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 17include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
with many persons a greater or less degree of fear that trains would be captured.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 18include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 19include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
The court below charged the jury:
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 20include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
"If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein."
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 21include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error:
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 22include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
1. That the evidence of negligence did not support the verdict.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 23include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 24include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
THE CHIEF JUSTICE delivered the opinion of the Court.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 25include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact.
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 26include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
Judgment affirmed.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
}
echo html_entity_decode($this->Wand->highlight($content[$i], $query));
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 27include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109
* Revised Statutes of Nebraska, 395, 396, 404.
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Contextecho $this->Adsense->display('responsive_rect');
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$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp' $dataForView = array( 'title_for_layout' => 'Express Company Vs Ware - Citation 82597 - Court Judgment | ', 'desc' => array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a class="page-number" id="544"> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a href="/case/82597/express-company-vs-ware"> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a class="page-number" id="545"> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ), 'casename_url' => 'express-company-vs-ware', 'args' => array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) ) $title_for_layout = 'Express Company Vs Ware - Citation 82597 - Court Judgment | ' $desc = array( 'Judgement' => array( 'id' => '82597', 'acts' => null, 'appealno' => '87 U.S. 543', 'appellant' => 'Express Company', 'authreffered' => null, 'casename' => 'Express Company Vs. Ware', 'casenote' => '', 'caseanalysis' => null, 'casesref' => null, 'citingcases' => null, 'counselplain' => null, 'counseldef' => null, 'court' => 'US Supreme Court', 'court_type' => 'FN', 'decidedon' => '1874-01-01', 'deposition' => null, 'favorof' => null, 'findings' => null, 'judge' => null, 'judgement' => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> </p> <p> <b> 87 U.S. (20 Wall.) 543 </b> </p> <p> <b> </b> </p> <p> <em> ERROR TO THE CIRCUIT COURT </em> </p> <p> <em> FOR THE DISTRICT OF NEBRASKA </em> </p> <p> <em> </em> <em> Syllabus </em> </p> <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. </p> <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. </p> <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, </p> <p> <a> Page 87 U. S. 544 </a> </p> <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> </p> <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." </p> <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. </p> <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. </p> <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. </p> <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was </p> <p> <a> Page 87 U. S. 545 </a> </p> <p> with many persons a greater or less degree of fear that trains would be captured. </p> <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. </p> <p> The court below charged the jury: </p> <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." </p> <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: </p> <p> 1. That the evidence of negligence did not support the verdict. </p> <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. </p> <p> THE CHIEF JUSTICE delivered the opinion of the Court. </p> <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. </p> <p> <em> Judgment affirmed. </em> </p> <p> * Revised Statutes of Nebraska, 395, 396, 404. </p> <br/> <br/> </div></body></html>', 'observations' => null, 'overruledby' => null, 'prhistory' => null, 'pubs' => null, 'ratiodecidendi' => null, 'respondent' => 'Ware', 'sub' => null, 'link' => '/cases/federal/us/87/543/', 'circuit' => null ) ) $casename_url = 'express-company-vs-ware' $args = array( (int) 0 => '82597', (int) 1 => 'express-company-vs-ware' ) $url = 'https://sooperkanoon.com/case/amp/82597/express-company-vs-ware' $ctype = '' $date = array( (int) 0 => 'Jan', (int) 1 => '01', (int) 2 => '1874' ) $content = array( (int) 0 => '<html><head></head><body><div> Express Company v. Ware - 87 U.S. 543 (1874) <br/> <span> U.S. Supreme Court Express Company v. Ware, 87 U.S. 20 Wall. 543 543 (1874) </span> <p> <b> Express Company v. Ware </b> ', (int) 1 => ' <p> <b> 87 U.S. (20 Wall.) 543 </b> ', (int) 2 => ' <p> <b> </b> ', (int) 3 => ' <p> <em> ERROR TO THE CIRCUIT COURT </em> ', (int) 4 => ' <p> <em> FOR THE DISTRICT OF NEBRASKA </em> ', (int) 5 => ' <p> <em> </em> <em> Syllabus </em> ', (int) 6 => ' <p> 1. This Court will not examine evidence to ascertain whether a jury was justified in finding as it has done on an issue of fact. ', (int) 7 => ' <p> 2. Where a statute of limitation enacts that a defendant's absence from the state will prevent its running, but that "in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made on him," on a question of fact arising in a suit brought more than five years after the cause of action had accrued, whether the defendant did or did not have a managing agent for the state prior to the time when the suit was brought, it is proper to charge that the time during which the plaintiff was disabled from suing by reason of defendant's having no managing agent in this state is not to be counted as part of the five years' limitation period. ', (int) 8 => ' <p> The Code of Nebraska bars actions upon contract in five years. The defendant's absence from the state is not, however, ', (int) 9 => ' <p> <a> Page 87 U. S. 544 </a> ', (int) 10 => ' <p> to be computed. But in the case of a foreign corporation, if it has a managing agent in the state, service of the writ may be made upon such managing agent. <span> <a> * </a> </span> ', (int) 11 => ' <p> These provisions of the code being in force, Ware delivered, on the 29th of September, 1864, and during the late rebellion, to the United States Express Company a quantity of gold, to be carried by it from Nebraska City to New York. The company by its receipt undertook to carry the gold, but exempted itself from any loss by "the acts of the enemies of the government, or insurrections, or any of the dangers incident to a time of war." ', (int) 12 => ' <p> The company carried the gold on the Hannibal & St. Joseph Railroad, which crosses the north part of Missouri. ', (int) 13 => ' <p> At the time when this gold was delivered, that part of Missouri was in a high state of commotion with the rebellion, rebels being nearly as numerous as loyal persons and of equal or greater activity. In the course of the transit upon the railroad just mentioned, a body of eighty armed rebels, on the 3d of October, 1864, fired into the train of cars and stopped and robbed it, carrying off this gold. ', (int) 14 => ' <p> Hereupon, on the 27th of February, 1870 -- more than five years after the loss -- Ware sued the express company, serving the writ upon a managing agent of it and alleging that the route at the time of the transportation was unsafe, that the express company was guilty of negligence in carrying gold on it, and that there was at the time a safe and suitable route across the State of Iowa which the company could have and ought to have used. The company set up its special contract and an exemption under it. ', (int) 15 => ' <p> Evidence was given by both sides as to the safety or danger of travel on the Hannibal & St. Joseph Railroad on and about the 3d of October, 1870. Trains, it appeared, up to that date had been running regularly, but it appeared equally that tracks had been torn up in places, that a train had been fired into as it passed and a brakeman killed, and that from the generally disturbed condition of the region, there was ', (int) 16 => ' <p> <a> Page 87 U. S. 545 </a> ', (int) 17 => ' <p> with many persons a greater or less degree of fear that trains would be captured. ', (int) 18 => ' <p> Evidence was also given on both sides -- on the company's to show that at the time of the loss and for some time afterwards, the company did have a "managing agent," and that therefore, as suit could have then been brought by a service on him, the present action not having been brought till the 27th of February, 1870, was barred by the statute of limitations -- and on the part of the plaintiff to show that there was no "managing agent" on whom service could be made prior to the said 27th of February, when the suit was actually brought. ', (int) 19 => ' <p> The court below charged the jury: ', (int) 20 => ' <p> "If you find that the defendant had a managing agent within the state at the time of the loss, then the statute began to run from that time, and if it had such agent in the state for the next five years after the loss, then this action is barred, but otherwise it is not. In other words, to bar this action, the plaintiff must have been able for five years before suit brought to have sued the defendant in this state and compelled it to answer the suit by a service upon a managing agent therein." ', (int) 21 => ' <p> Verdict and judgment having been given for the plaintiff, the express company brought the case here, assigning for error: ', (int) 22 => ' <p> 1. That the evidence of negligence did not support the verdict. ', (int) 23 => ' <p> 2. That the action was barred by the statute of limitations, and that the court erred in its instruction on that point. ', (int) 24 => ' <p> THE CHIEF JUSTICE delivered the opinion of the Court. ', (int) 25 => ' <p> We see no error in the charge, and cannot examine the evidence to ascertain whether the jury was justified in finding as it did upon the issues of fact. ', (int) 26 => ' <p> <em> Judgment affirmed. </em> ', (int) 27 => ' <p> * Revised Statutes of Nebraska, 395, 396, 404. ', (int) 28 => ' <br/> <br/> </div></body></html>' ) $paragraphAfter = (int) 1 $cnt = (int) 29 $i = (int) 28include - APP/View/Case/amp.ctp, line 144 View::_evaluate() - CORE/Cake/View/View.php, line 971 View::_render() - CORE/Cake/View/View.php, line 933 View::render() - CORE/Cake/View/View.php, line 473 Controller::render() - CORE/Cake/Controller/Controller.php, line 963 Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200 Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167 [main] - APP/webroot/index.php, line 109