McDonald v. Chicago & Northwestern Railroad
Supreme Court of Iowa
Appeal from Linn Circuit Court. Friday, July 22. The facts of this case are, m every essential respect, as when it was before us on the former appeal (26 Iowa, 124). It is brought to recover damages sustained.by the plaintiffs (to the wife) on account of the alleged unsafe condition of the steps leading to and from the platform at defendant’s depot, at Cedar Eapids, whereby she was thrown to the ground, her ankle-bone broken, and she otherwise injured.
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Appeal from Linn Circuit Court. Friday, July 22. The facts of this case are, m every essential respect, as when it was before us on the former appeal (26 Iowa, 124). It is brought to recover damages sustained.by the plaintiffs (to the wife) on account of the alleged unsafe condition of the steps leading to and from the platform at defendant’s depot, at Cedar Eapids, whereby she was thrown to the ground, her ankle-bone broken, and she otherwise injured. On the first trial plaintiffs recovered $2,000. This judgment was reversed, because of erroneous instructions. Upon the second trial, the…
1Opinion of the CourtWright, J.
l. practice: imperfect record. I. It is first urged that the court erred in overruling defendant’s motion to redivide the petition and elect upon which of the causes of action plain-x tiffs would stand, and to strike out the other. As to this, it is sufficient to say, that it appears that the court overruled a motion to “redivide the first count of the petition,” but no such motion appears in the record. *172A previous motion to redivide and elect (when the petition contained two counts) was made, and the record recites.that one to strike out certain parts of the petition was sustained, and leave…
2Cases cited1 opinion
- Boardman v. ThompsonSupreme Court of Iowa · 1868
3Cited by10 opinions
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Allard v. LamirandeWisconsin Supreme Court · 1872
- Roten v. TesdellSupreme Court of Iowa · 1923
- Winslow v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
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