McQuade v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from KeolmJt Superior Court. — IIon. Henry Bank, Jr., Judge. Action at law for the recovery of double the value-of a horse alleged to have been killed by a train on. defendant’s railroad. There was a trial upon the merits, and a judgment for the defendant for costs. Plaintiff appeals.
1Opinion of the CourtRotiieock, J.
-The plaintiff does not complain that the court erred in any ruling made in the trial of the cause on its merits. His claim for a reversal of the judgment is that the court erred in sustaining a motion of the defendant to set aside a default allowed upon am amendment to the petition. The facts in connection-therewith are as follows : The original petition averred,, in substance, that the defendant negligently permitted a gate at a private crossing to remain open for a longtime, and that plaintiff’s horse entered upon the railroad track through said open gate, and was killed by a-train, ‘ ‘…
2Cases cited1 opinion
- Palmer v. RogersSupreme Court of Iowa · 1886
3Cited by7 opinions
- Reilley v. KinkeadSupreme Court of Iowa · 1917
- First National Bank v. Federal Reserve BankSupreme Court of Iowa · 1930
- Capital Savings Bank & Trust Co. v. SwanSupreme Court of Iowa · 1897
- Meyer v. MeyerIllinois Supreme Court · 1912
- Peacock v. GleesenSupreme Court of Iowa · 1902
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