Tuttle v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Polk District Court. The plaintiff claims of defendant the sum of five thousand dollars, on account of injuries sustained on defendant’s road. About the last of October, 1872, the plaintiff was a passenger on the defendant’s train, consisting of four coaches. Just after the train left Peru Station, in Illinois, the two rear ears separated from the balance of the train, which ran ahead a distance of some thirty feet from the detached cars, and was stopped.
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Appeal from Polk District Court. The plaintiff claims of defendant the sum of five thousand dollars, on account of injuries sustained on defendant’s road. About the last of October, 1872, the plaintiff was a passenger on the defendant’s train, consisting of four coaches. Just after the train left Peru Station, in Illinois, the two rear ears separated from the balance of the train, which ran ahead a distance of some thirty feet from the detached cars, and was stopped. The rear cars approached and came in contact with the front portion of the train, with such violence, it is claimed, as to…
1Opinion of the CourtDay, J.
The defendant filed an amendment to the answer, alleging that, at the date of the alleged accident, and at the time of the commencement of this suit, the plaintiff was, and still is, a married woman, and that she ought not to maintain this action in her own name. The plaintiff demurred to this, amendment. The demurrer was sustained. From this ruling, and others, the defendant appealed. This court held that this ruling was proper, but reversed the cause on other grounds, and remanded it for a new trial. See 42 Iowa, 518. The cause having been retried, appellant insists now upon the same…
2Cases cited1 opinion
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
3Cited by13 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Louisville, New Albany & Chicago Railway Co. v. JonesIndiana Supreme Court · 1886
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
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