Sherman v. Western Stage Co.
Supreme Court of Iowa
Appeal from Linn District Court. This action is brought by the plaintiff, Charles A. Sherman, as administrator of his deceased wife, Terzah Sherman, to recover damages for the death of his wife, produced, as he alleged, by the careless, negligent and wrongful acts of the employees of the defendant.
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Appeal from Linn District Court. This action is brought by the plaintiff, Charles A. Sherman, as administrator of his deceased wife, Terzah Sherman, to recover damages for the death of his wife, produced, as he alleged, by the careless, negligent and wrongful acts of the employees of the defendant. The facts of the case are briefly, in substance, that the defendant is a corporation and a common carrier of passengers and their baggage by means of wagons, hacks and coaches over various lines and routes in this State. In April, 1862, the plaintiff’s wife, Terzah Sherman, his infant daughter,…
1Opinion of the CourtCole, J.
1. limitation, when it ' begins to ran: administrator, I. It was held by this court, in the case of Sherman v. The Western Stage Co. (22 Iowa, 556), that an action to recover damages for the death of a person, caused by the wrongful act of . . . another, .was an action for an injui’y to the person, and, under our statute of limitation (subdivision 1, section 2740 of Eevision) was. barred in two years.
The plaintiff’s counsel, not controverting that decision, contend, that this cause of action accrued not to the deceased, but after her death to her personal representative, and that, before the…
2Cases cited6 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Morse v. Auburn & Syracuse RailroadNew York Supreme Court · 1851
- Brown v. Jefferson CountySupreme Court of Iowa · 1864
- Haley v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1866
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Wendelin v. RussellSupreme Court of Iowa · 1966
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
26 more not listed; retrieve them via the Exa API.