Legal Opinion

Binder v. Chicago & North Western Ry. Co.

Supreme Court of Iowa

Decided December 13, 1913PublishedCited by 2 opinions

Appeal from Story District Court. — Hon. C. G. Lee, Judge. Action to recover double damages for stock killed at a point where the defendant company had a right to fence.

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Appeal from Story District Court. — Hon. C. G. Lee, Judge. Action to recover double damages for stock killed at a point where the defendant company had a right to fence. The defendant claimed that in the notice served by the plaintiff under section 2055 of the Code, the plaintiff, acting in bad faith, placed the amount of his loss at a sum so grossly exaggerated and so far in excess of the actual loss, and' so far in excess of the amount allowed by the jury, that he cannot, as a matter of law, thereby penalize the defendant, or that the question of his good faith ought to be submitted to the…

1Opinion of the CourtGrAYNOR, J.

September 1, 1911, the plaintiff, Charles Binder, filed in the Story county district court his petition, claiming $900 as double damages for the killing of two horses by the defendant railway, alleging the animals were upon the ' railway tracks by reason of defective right of way fence. Attached to the petition was a copy of a notice and affidavit in writing, served upon the defendant company more than thirty days prior to the bringing of the suit, in which the plaintiff states the value of the horses, at the time of the killing, to be $450. Defendant, in addition to a general denial,…

2Cases cited5 opinions

  1. Yazoo & Mississippi Valley Railroad v. Jackson Vinegar Co.Supreme Court of the United States · 1912
  2. Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
  3. St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912
  4. Jolley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
  5. Valleau v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1887

3Cited by2 opinions

  1. Pierce v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917
  2. Lister v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922

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