Finch v. Central Railroad
Supreme Court of Iowa
Appeal from Worth Circuit Court. This action was brought before a justice of the peace to recover $92.00, as justly due plaintiff as damages for injuring and destroying a cow belonging to plaintiff, and for feeding and taking care of her from the time of injury to the time of her death.
Read the full summary
Appeal from Worth Circuit Court. This action was brought before a justice of the peace to recover $92.00, as justly due plaintiff as damages for injuring and destroying a cow belonging to plaintiff, and for feeding and taking care of her from the time of injury to the time of her death. On a trial in the justice’s court judgment was rendered for plaintiff for the amount of his claim, whereupon the defendant appealed to the Circuit Court, where the cause was tried to a jury, who rendered a verdict for plaintiff for $92.00 and interest. Judgment being rendered on the verdict, defendant appeals.
1Opinion of the Court
Miller, Ch. J.
On the trial in the Circuit Court, the plaintiff offered in evidence the following notice and affidavit:
“ To the Central Railroad Company of Iowa:
“You are hereby notified that the undersigned, Theron Einch, claims of you the sum of fifty-two dollars as damages on account of your neglect in not fencing the line of your 'track in Worth county, Iowa, whereby the said Theron Einch lost a cow, as shown by the following affidavit.
Dated at Nortliwood, Iowa, March 21,1873.”
Theron Finch.
“State oe Iowa, 1 Worth County, \
“I, Theron Finch, on oath depose and say that on the 3d day of…
2Cases cited2 opinions
- Mather v. Butler CountySupreme Court of Iowa · 1869
- West v. MoodySupreme Court of Iowa · 1871