Hendershott v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. This is an appeal from a judgment for plaintiff, as the result of a second trial in an action to recover damages for negligence of defendant’s employes in transmitting and delivering a message intended to secure the attendance of a veterinary surgeon to treat a valuable horse of plaintiff at an early stage of the disease which subsequently caused the death of .the horse, and when treatment, which might have…
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Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. This is an appeal from a judgment for plaintiff, as the result of a second trial in an action to recover damages for negligence of defendant’s employes in transmitting and delivering a message intended to secure the attendance of a veterinary surgeon to treat a valuable horse of plaintiff at an early stage of the disease which subsequently caused the death of .the horse, and when treatment, which might have been secured if the telegram, had been promptly transmitted and delivered, would probably have saved the horse’s life. A…
1Opinion of the CourtMcClain, J.
1 Counsel for appellant contend, as on the former appeal, that the negligence of the appellant in regard to the message, even if such negligence was shown, was not the proximate cause of the loss of the horse, and that a verdict should have been directed for defendant as asked, and, further, that the special findings and general verdict should have been set aside as not supported by the evidence; but it is sufficient to say that the evidence on the second trial was of the same character as that presented to us in the record on the former appeal. There is no question but that, if there was…
2Cases cited3 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1880
- Barton v. ThompsonSupreme Court of Iowa · 1881
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1894
3Cited by6 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- In re Estate of CookSupreme Court of Iowa · 1909
- Chismore v. ChismoreSupreme Court of Iowa · 1916
- Lavalleur v. HahnSupreme Court of Iowa · 1914
- Goben v. Des Moines Asphalt Paving Co.Supreme Court of Iowa · 1934
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