Hudson v. C., & N. W. R. R.
Supreme Court of Iowa
Appeal from Marshall Circuit Court. The plaintiff claims damages in tlie sum of one hundred dollars for an injury to a horse, alleged to have been caused by a defective crossing over defendants road; the defect consisting in placing the plank on the'inside of one of the iron rails of the road so far from the rail that, in driving the horse over the crossing, he stepped into the aperture thus made, and was injured and crippled.
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Appeal from Marshall Circuit Court. The plaintiff claims damages in tlie sum of one hundred dollars for an injury to a horse, alleged to have been caused by a defective crossing over defendants road; the defect consisting in placing the plank on the'inside of one of the iron rails of the road so far from the rail that, in driving the horse over the crossing, he stepped into the aperture thus made, and was injured and crippled. There was a trial by jury and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrook, J.
^upbeme10 coubt: less than $100: question of evidence to support verdiet. I. The amount in controversy as shown by the pleadings does not exceed one hundred dollars, and certain questions are certfied to this court for an opinion. The first question is as follows: “Did ,, , . „ . , . , ,. ,. , the court err m retusmg to set-aside the verdict as ° being: contrary to the evidence?55 Omection is z> j j made to this question upon the ground that it involves no such matter of law as to authorize its certification. On the other hand, it is claimed that, when a verdict is so contrary to the evidence…
2Cases cited3 opinions
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
3Cited by44 opinions
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Lindquist v. Des Moines Union Railway Co.Supreme Court of Iowa · 1947
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
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