Holman v. Omaha & Council Bluffs Railway & Bridge Co.
Supreme Court of Iowa
Appeal from Pottawattamie District'Court. — Hon. Walter I. Smith, Judge. Action to recover damages for personal injury alleged to have been received by plaintiff while on an electric car operated by defendant company, by reason of the negligence of the employes of said company in carelessly causing the electric car to be started forward suddenly, by reason of which plaintiff was thrown violently against the railing and steps of said car.
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Appeal from Pottawattamie District'Court. — Hon. Walter I. Smith, Judge. Action to recover damages for personal injury alleged to have been received by plaintiff while on an electric car operated by defendant company, by reason of the negligence of the employes of said company in carelessly causing the electric car to be started forward suddenly, by reason of which plaintiff was thrown violently against the railing and steps of said car. "V"erdict on a former trial was set aside by the court, and this action was affirmed. 110 Iowa, 485. On the next trial the verdict was for plaintiff for…
1Opinion of the Court
McClain, J. —
1 This suit was instituted more than two years after the injury was received, and under the provisions of Code, section 3447, subdivision 3, it was barred, unless something was shown by the plaintiff to take it out of the statute. For this purpose the plaintiff alleged in her petition that at the time of the injury, and subsequent thereto, one Dimmock was general superintendent and manager of the defendant corporation, and on behalf of the defendant, within two years after the injury, he negotiated with plaintiff with reference to a settlement of her claim, and, in the course of…
2Cases cited15 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Crane v. FrenchMississippi Supreme Court · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Bement v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1916
- Schafer v. Fraser Et UxOregon Supreme Court · 1956
- Christy v. MiulliSupreme Court of Iowa · 2005
- McKay v. McCarthySupreme Court of Iowa · 1909
21 more not listed; retrieve them via the Exa API.