Asbach v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Decatur District Court. — Hon. B. C. Henry, Judge. Action for the value of a horse killed on the defendant’s railway. The cause was tried to the court without a jury, and from a judgment for the plaintiff the defendant appeals.
1Opinion of the CourtGranger, J.
1. evidence: in-witnesses:: credibility. I. The horse, the value of which the plaintiff seeks to recover, was found dead near bridge number 96 onthe defendant’s line of road,, and a controverted question of fact in the-, case |g ^pe^ér or not it was killed by the-defendant’s train, or whether it walked onto said bridge- and was killed by falling therefrom. It is urged that, the judgment is without support in the evidence- The-case was before this court on a former appeal, and because of the insufficiency of the evidence it was reversed. See 74 Iowa, 248. The evidence on the former appeal was…
2Cases cited4 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Cross v. GarrettSupreme Court of Iowa · 1872
- Tootle, Livingston & Co. v. Phœnix Ins.Supreme Court of Iowa · 1883
- Gray v. LakeSupreme Court of Iowa · 1880
3Cited by4 opinions
- Traer v. State Board of Medical ExaminersSupreme Court of Iowa · 1898
- City of Plankinton v. GrayCourt of Appeals for the Eighth Circuit · 1894
- Closson v. BlighIndiana Court of Appeals · 1908
- Halley v. TichenorSupreme Court of Iowa · 1903