Swanson v. Ft. Dodge, Des Moines & Southern Railroad
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. C. E. Albrook, Judge. Action for damages for negligent construction of defendant’s railroad across plaintiff’s land, and for appropriating a part of plaintiff’s land outside of the right of way, and for failure to construct crossings. There was a verdict and judgment for .the plaintiff. Defendant appeals.
1Opinion of the Court
Evans, J.-
I. x. Appeal: s™tS£ediii’ gence. I. Appellee has submitted a motion to affirm; also a motion to strike a certain amended abstract filed by appellant. The ground of the motion to affirm.is that the shorthand notes of the trial below were never filed with the clerk until more than one year after the trial. On the face of the record as it was when appellee’s motion was filed, such motion was good. After the filing of the same, how1 ever, the appellant proceeded in the trial court, and by proper proceedings obtained a correction of the record, whereby it is made to appear that the…
2Cases cited10 opinions
- Geiger v. PayneSupreme Court of Iowa · 1896
- Harrah v. Wharton ex rel. McLaughlinSupreme Court of Iowa · 1906
- Brusseau v. Lower Brick Co.Supreme Court of Iowa · 1907
- Shepard v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1889
- George, Weeks & Co. v. Swafford Bros.Supreme Court of Iowa · 1888
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3Cited by2 opinions
- Parkhill v. Bekin's Van & Storage Co.Supreme Court of Iowa · 1915
- Egan v. WaggonerSouth Dakota Supreme Court · 1918