Johnson v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Wapello Oircmt Court. Action for a personal injury which, it is alleged, the plaintiff received by being forcibly ejected from the stafionJhouse of the defendant at Eldon, by the agent in charge of the station. There was a trial by jury, which resulted in a verdict for the plaintiff for $4,000. Upon a motion for a new trial based upon several grounds the court required the plaintiff to remit $1,500 of the verdict, and thereupon overruled the motion.
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Appeal from Wapello Oircmt Court. Action for a personal injury which, it is alleged, the plaintiff received by being forcibly ejected from the stafionJhouse of the defendant at Eldon, by the agent in charge of the station. There was a trial by jury, which resulted in a verdict for the plaintiff for $4,000. Upon a motion for a new trial based upon several grounds the court required the plaintiff to remit $1,500 of the verdict, and thereupon overruled the motion. Defendant appeals.
1Opinion of the CourtRothrook, J.
I. This is the second appeal in. this case. There was a verdict for $2,000 at the first trial, which was re*349versed for errors in rulings of the court pertaining to the evidence, and for an erroneous instruction as to exemplary damages. See 51 Iowa, 25.
1. NEW TRIAL: power of court to grant. The plaintiff was removed from the waiting-room ■ of the station by the agent of the defendant. That his shoulder was dislocated, either from a fall from the door, out of which the agent pushed him, or by a fall after he landed on the platform, is not disputed. It also appears, without any conflict or…
2Cases cited3 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1879
3Cited by13 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Beems v. Chicago Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
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