Chicago & Northwestern Railway Co. v. Weaver
Supreme Court of Iowa
Certiorari to district court, Boone county. • Suit was brought against the Chicago & Northwestern Kailway Company before a justice of the peace for the recovery of $15, the alleged value of a horse it was claimed the company had killed. The company filed a counterclaim, in which it claimed $30 for removing the carcass of the dead horse from the right of way.
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Certiorari to district court, Boone county. • Suit was brought against the Chicago & Northwestern Kailway Company before a justice of the peace for the recovery of $15, the alleged value of a horse it was claimed the company had killed. The company filed a counterclaim, in which it claimed $30 for removing the carcass of the dead horse from the right of way. A trial before the justice resulted in a verdict and judgment for the plaintiff for the amount claimed, from which the railway company appealed to the district court. The case was there reached for trial, a jury was impaneled, and the…
1Opinion of the CourtSherwin, J.
The real point in controversy is whether the counterclaim pleaded in the justice’s court required the district court to take jurisdiction of the case upon appeal, and to proceed to hear and determine the same- The counterclaim, after alleging negligence on the part of the plaintiff in permitting the horse to run at large, admits the killing, and further alleges that plaintiff refused to remove the carcass from the right of way, and that the company was obliged to and did remove the same”; and adds, “for which service defendant claims of plaintiff the sum of thirty dollars.” The last clause of…
2Cases cited8 opinions
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1885
- Gorman v. HavirdSupreme Court of the United States · 1891
- Burkhardt v. ElgeeWisconsin Supreme Court · 1896
- Cooper v. DillonSupreme Court of Iowa · 1881
- Nash v. BeckmanSupreme Court of Iowa · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Eels v. BailieSupreme Court of Iowa · 1902