Legal Opinion

Cowles v. Chicago, R. I. & P. R. R.

Supreme Court of Iowa

Decided October 25, 1871PublishedCited by 19 opinions

Appeal from PoTh Pist/riot Qov/rt. This action was brought to recover damages caused by the killing of the plaintiff’s intestate, an employee of the defendant, by the wrongful and negligent act of defendant. The defendant answered.

Read the full summary

Appeal from PoTh Pist/riot Qov/rt. This action was brought to recover damages caused by the killing of the plaintiff’s intestate, an employee of the defendant, by the wrongful and negligent act of defendant. The defendant answered. The sixth count of the answer was in the following words: “ That plaintiff’s intestate was employed as brakesman and switchman on defendant’s railroad under a written contract referred to by copy in words, and figures as follows, to wit: “ This contract and agreement witnesseth: the Chicago, Rock Island and Pacific Railroad' Company, existing as a consolidated…

1Opinion of the CourtMiller, J.

The record represents the single question whether the affidavits filed in support of plaintiff’s motion were admissible and competent to impeach the verdict. The general rule, established by the decisions of this court, is, that affidavits of jurors may be received for the purpose of avoiding their verdict, to show any matter occurring during the trial or in the jury room which does not essentially inhere in the verdict itself, as that a juror was improperly approached by a party, his attorney or agent; that witnesses or others conversed as to the facts or merits of the case out of court, and…

2Cases cited3 opinions

  1. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  2. Taylor, Shipton & Co. v. RunyanSupreme Court of Iowa · 1856
  3. Stewart v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1860

3Cited by19 opinions

  1. Perry v. BaileySupreme Court of Kansas · 1874
  2. State v. DudleySupreme Court of Iowa · 1910
  3. Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
  4. Harris v. StateNebraska Supreme Court · 1888
  5. Clark v. United StatesCourt of Appeals for the Eighth Circuit · 1932

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API