Koons v. Chicago & North-western Railway Co.
Supreme Court of Iowa
Appeal from Lkm Disti'ici Gourt. The petition, filed March 14, 186V, avers that on the 2d of June, 1864, plaintiff’s ox, of the value of $V5, was killed by a train of cars then run by the Chicago & Galena Railroad .company. That said road is now run by the defendant, and that, “ after the committing of the deed complained of, and before the commencement of this suit, the said C. & Gr. Co. was consolidated with said C. & N. W. Kail way.”
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Appeal from Lkm Disti'ici Gourt. The petition, filed March 14, 186V, avers that on the 2d of June, 1864, plaintiff’s ox, of the value of $V5, was killed by a train of cars then run by the Chicago & Galena Railroad .company. That said road is now run by the defendant, and that, “ after the committing of the deed complained of, and before the commencement of this suit, the said C. & Gr. Co. was consolidated with said C. & N. W. Kail way.” It is also averred that on the 1st' of January, 1867, notice was duly given to enable plaintiff to recover double damages, etc. The answer first denies each…
1Opinion of the CourtWright, J.
i. pleadinh: statute141011: construed. I. Does the answef, expressly or impliedly, admit the allegation of consolidation, or was the court justified in finding the same to be true without proof ? We think not; sections 2923, 2924 and 2925 of the Kevision do not apply to such a case. They apply so far as the petition seeks to hold thq defendant as a corporation. To this extent, the defendant was required to state specifically the facts relied on as a denial of the proposition asserted by plaintiff. But here, there is more than the allegation of *495defendant’s capacity or liability as a…
2Cases cited4 opinions
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Freeland v. McCulloughCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Hook v. WhitlockNew York Court of Chancery · 1839
- Merchants' Bank of New Haven v. BlissThe Superior Court of New York City · 1861
3Cited by9 opinions
- Turcott v. RailroadTennessee Supreme Court · 1898
- Burns v. White Swan Mining Co.Oregon Supreme Court · 1899
- Winney v. Sandwich Manufacturing Co.Supreme Court of Iowa · 1892
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Mackie v. Central RailroadSupreme Court of Iowa · 1880
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