Bell v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. This is an action to recover double the value of certain cattle alleged to have been hilled by one of the defendant’s engines at a point on its-railroad where it had the right to keep and maintain a fence, and where, at the time of the accident, there was no fence. The petition also contained a cause of action for allowing fire to escape from one of defendant’s engines and destroying a fence, the property of plaintiff.
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Appeal from Appanoose Circuit Court. This is an action to recover double the value of certain cattle alleged to have been hilled by one of the defendant’s engines at a point on its-railroad where it had the right to keep and maintain a fence, and where, at the time of the accident, there was no fence. The petition also contained a cause of action for allowing fire to escape from one of defendant’s engines and destroying a fence, the property of plaintiff. There was a trial by jury, and a verdict and judgment for plaintiff. Defendant .appeals.
1Opinion of the Court
Notixrook, Oh. J.
i. comisuscncfofwlttoe<)Siate.0tI°n I. The defendant filed an application for a continuance, after the second day of the term at which the action was tried, on the ground of the absence of one of its witnesses. The motion was overruled. This is the first ground of complaint by appellant. We think the ruling was correct. The deposition of the witness should have been taken, and no sufficient reason is shown for not filing the application for continuance by the second day of the term, as required by section 2752 -of the Code. We need not set out the application.
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2Cases cited1 opinion
- Babcock v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1883
3Cited by9 opinions
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
- Kirchoff v. Hohnsbehn Creamery Supply Co.Supreme Court of Iowa · 1909
- Lanning v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1886
- Stickling v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1930
- Wait v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
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