Johnson v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Plaintiff states as liis cause of action in substance as follows: That about August 23, 1893, he got onto one of defendant’s freight trains, going east, at the city of Des Homes, without a ticket entitling him to ride on said train, and was riding on top of one of the ears; that when nearing Altoona defendant’s brakeman ordered him to get off said train, then running at a rapid speed, and immediately rushed at…
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Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Plaintiff states as liis cause of action in substance as follows: That about August 23, 1893, he got onto one of defendant’s freight trains, going east, at the city of Des Homes, without a ticket entitling him to ride on said train, and was riding on top of one of the ears; that when nearing Altoona defendant’s brakeman ordered him to get off said train, then running at a rapid speed, and immediately rushed at plaintiff in a threatening manner, whereupon plaintiff immediately descended the ladder for the purpose of getting off; that…
1Opinion of the CourtGiven, J.
1 I. Plaintiff complains of said rulings on his reply and amendments. To avoid the admitted settlement, plaintiff relies upon certain representations claimed to be false, made to him to induce the settlement, and by which he was induced to make it. Each representation relied upon shotdd have been plainly stated in the reply, with allegations of their falsity, and that they were made to be and were relied upon in making the settlement. The reply and amendments are mainly extended statements of matters claimed to support the charge of fraud. They axe statements of evidence, rather than of…
2Cases cited1 opinion
- Holmes v. ClarkSupreme Court of Iowa · 1860
3Cited by8 opinions
- Seymour v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917
- Owens v. Norwood White Coal Co.Supreme Court of Iowa · 1912
- Kilmartin v. Chicago, B. & Q. Ry. Co.Supreme Court of Iowa · 1908
- Kilby v. Charles City Western Railway Co.Supreme Court of Iowa · 1921
- Smith v. SmithSupreme Court of Iowa · 1928
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