Short v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. George Carson, Judge. The plaintiff claims to be the owner of a lot in the city of Council Bluffs: and;she brought this action against the defendant to recover the damages which she alleges she sustained by reason of the laying down of railroad tracks partly on the street adjacent to said lot, and partly upon said lot. The defendant answered the petition by a general denial.
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Appeal from Pottawattamie District Court. — Hon. George Carson, Judge. The plaintiff claims to be the owner of a lot in the city of Council Bluffs: and;she brought this action against the defendant to recover the damages which she alleges she sustained by reason of the laying down of railroad tracks partly on the street adjacent to said lot, and partly upon said lot. The defendant answered the petition by a general denial. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff for one hundred dollars. Defendant appeals.
1Opinion of the CourtRothrock, C. J.
' fliedXtop,iateS I. It appears from what is claimed to be an abstract of the record that the case was tried upon the oral testimony of witnesses’ arL<^ a claim of defendant that it was authorized to do the acts complained of by virtue of a written contract made between the defendant and the Kansas City, St. Joseph and Council Bluffs Railroad Company. The judgment appealed from was rendered on the thirtieth day of June, 1888; and the judgment entry contained the following clause: “The defendant is to have sixty days in which to file a bill of exceptions herein.” No bill of exceptions was…
2Cases cited1 opinion
- Deering & Co. v. IrvingSupreme Court of Iowa · 1889
3Cited by5 opinions
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- Newbury v. Getchell & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1898
- Rosenbaum Bros. v. PartchSupreme Court of Iowa · 1892
- In Re Robertson's EstateSupreme Court of Iowa · 1955
- In Re Robertson's EstateSupreme Court of Iowa · 1955