Brown v. C., R. I. & P. R. Co
Supreme Court of Iowa
Appeal from Louisa Circuit Court. This is an action to recover for injuries which the plaintiff alleges he sustained by being forcibly ejected from the defendant’s passenger train at a point about one mile distant from a station. There was a jury trial, and a verdict and judgment for plaintiff for one thousand dollars. The defendant appeals.
1Opinion of the Court
Day, J., 1. INSTRUC-^ wu^ofwiu lless- — I. The defendant asked the court to instruct the jury as follows: “ The evidence offered by plaintiff upon the question of the manner in which he received his injuries is entirely and only by his own testimony as a witness. Formerly, the rules of evidence would not have permitted plaintiff to testify as a witness in an action of this character, and he would have been' compelled to make out his case entirely by the testimony of other witnesses; but the statute of Iowa has changed this rule, and in most civil eases permits a party to an action to testify…
2Cases cited2 opinions
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1867
- State v. WellsSupreme Court of Iowa · 1877
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- Louisville & Nashville R. R. v. Tuggle's Admr.Court of Appeals of Kentucky · 1913
- Bragg's Administrator v. Norfolk & Western R'y Co.Supreme Court of Virginia · 1910
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