Grinde v. M. & St. P. R. Co.
Supreme Court of Iowa
Appeal from Winneshiek District Court. Plaintiff alleges in his petition that he was the owner of a certain cow, which casually strayed upon the track of defendant’s road. That said defendant by its agents and servants did run and manage one of their engines in such a grossly negligent and careless manner, that the same ran against and over said cow and hilled her.
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Appeal from Winneshiek District Court. Plaintiff alleges in his petition that he was the owner of a certain cow, which casually strayed upon the track of defendant’s road. That said defendant by its agents and servants did run and manage one of their engines in such a grossly negligent and careless manner, that the same ran against and over said cow and hilled her. Defendant moved for a more specific statement, claiming that the allegation of negligence is so general, indefinite and uncertain, that the jirecise nature of the charge is not apparent. Motion overruled; defendant excepted, and…
1Opinion of the CourtRothrock, J.
We are of opinion that the petition is sufficiently specific. It does not follow, because negligence is a mixed question of law and fact, that the general allegation is pleading a legal conclusion only. The facts necessary to be pleaded are not merely physical facts. It is not allowable to jilead mere abstract conclusions of law, having no element of fact; they form no jiart of the allegations constituting a cause of action; but if they contain the elements also of a fact, construing the language in its ordinary meaning, then force and effect must be given to them as allegations of fact, as…
2Cases cited2 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
3Cited by27 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1889
- Orr v. Des Moines Electric Light Co.Supreme Court of Iowa · 1928
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