Rodemacher v. Mil. & St. P. R'y Co.
Supreme Court of Iowa
Appeal from Floyd Circuit Court. The petition of plaintiff claims one hundred and fifty dollars, on account of damages alleged to be done his fences and timber from a fire started by an engine on defendant’s road.The answer, amongst other defenses, alleged that in January, 1868, there was incorporated under the laws of the state of Iowa, a company known as the McGregor & Sioux City railway company.
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Appeal from Floyd Circuit Court. The petition of plaintiff claims one hundred and fifty dollars, on account of damages alleged to be done his fences and timber from a fire started by an engine on defendant’s road.The answer, amongst other defenses, alleged that in January, 1868, there was incorporated under the laws of the state of Iowa, a company known as the McGregor & Sioux City railway company. That during the year 1868 and 1869 said corporation constructed the road near which the injuries occurred. That said corporation procured from the then owner of the tracts of land upon which the…
1Opinion of the Court
Day, J. —
í coiístituraihvadsTv: damages. I. This case involves the constitutionality of the latter clause of Sec. 1289 of the Code of 1873, which is as foll°ws: “ That any corporation operating a railway shall be liable for all damages by fire that is set out or cansed by the operating of any such railway, and such damages may be recovered by the party damaged in the same manner as set forth in this section in regard to stock, except as to double damages.”
In this state corporations are created under a general incorporation law. The Eevision, Sec. 1158, Code of 1873, Sec. 1058, provides: Any…
2Cases cited6 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
21 more not listed; retrieve them via the Exa API.