Legal Opinion

McCool v. Galena & Chicago Union Railroad

Supreme Court of Iowa

Decided December 8, 1864PublishedCited by 1 opinion

Appeal from Marshall District Court. This action was brought to recover the value of a bull and cow, alleged to have been killed by the defendant, on the track of the Cedar Rapids and Missouri River Railroad. Yerdict for plaintiff, and defendant moved in arrest and for a new trial on the grounds following: First. No evidence was adduced to prove that said defendant is, or was, a corporation. Second. No evidence showing negligence on the part of defendant. Third.

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Appeal from Marshall District Court. This action was brought to recover the value of a bull and cow, alleged to have been killed by the defendant, on the track of the Cedar Rapids and Missouri River Railroad. Yerdict for plaintiff, and defendant moved in arrest and for a new trial on the grounds following: First. No evidence was adduced to prove that said defendant is, or was, a corporation. Second. No evidence showing negligence on the part of defendant. Third. Plaintiff is not entitled to damages for the alleged injury to the bull. This motion was overruled, and of this action alone does…

1Opinion of the Court

Wright, Ch. J.

1. nbw tocein«Se record. Much of appellant’s argument as devoted to the first and second causes assigned as grounds for a new ^ being insisted that defendant’s cot-porate character was not established, or if estab-ijspe¿) n0 negligence was shown. To this appellee responds, and with entire correctness, that the bill of exception does not purport to set out all the evidence, and that there is, therefore, nothing in this part of the case which we can review. It is recited, it is true, that certain facts were established, but whether these were all, or how many others important and…

2Cases cited4 opinions

  1. Hartfield v. RoperNew York Supreme Court · 1839
  2. Rathbun & West v. PayneNew York Supreme Court · 1838
  3. Jones v. Galena & Chicago Union RailroadSupreme Court of Iowa · 1864
  4. Burckle v. New-York Dry-Dock Co.The Superior Court of New York City · 1829

3Cited by1 opinion

  1. McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870

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