Glandon v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Keohiik District Court. This is an action for double the value of two colts, one of which the plaintiff claims was killed, and the other injured so thatit was of no value, — the injury having been caused by a train of cars upon a railroad operated by the defendant. There was a trial by jury, which resulted in a verdict and judgment for plaintiff for double the damages .sustained by him. Defendant appeals.
1Opinion of the CourtBothrook, J.
The petition in the case was in three counts. Two of them claimed the right of recovery under the double damage statute, and the other claimed a common-law liability for negligence in operating the train. No consideration need be given to the last-named cause of action, because the jury based their verdict upon the statute.
The facts are not in dispute. It appears from the evidence that the defendant, in constructing its railroad from Oedar Bapids .to Ottumwa, laid its track through a pasture field of the defendant, on Monday. The injury occurred on the next Saturday. The defendant laid its…
2Cited by6 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Mace v. BoedkerSupreme Court of Iowa · 1905
- Jenks v. Lansing Lumber Co.Supreme Court of Iowa · 1896
- Marshall v. OttoU.S. Circuit Court for the District of Nevada · 1893
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912
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