Kuhns v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Linn Oweuit Oourt. Action to recover double tbe value of three heifers which were killed by a train on the defendant’s • road at a place where the right to fence existed. The defendant pleaded a tender or offer in writing to pay a certain amount of money, and that the tender had been kept good by the payment of the money to the clerk. To this defense a demurrer was sustained, and on the trial there was a verdict and judgment for the plaintiff.
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Appeal from Linn Oweuit Oourt. Action to recover double tbe value of three heifers which were killed by a train on the defendant’s • road at a place where the right to fence existed. The defendant pleaded a tender or offer in writing to pay a certain amount of money, and that the tender had been kept good by the payment of the money to the clerk. To this defense a demurrer was sustained, and on the trial there was a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSeevers, J.
I. The offer in writing to pay, or tender pleaded, is in these words:
“Chicago, Milwaukee & St. Paul Railway — Special Agent’s Oeeice.
“Milwaukee, April 18, 1882.
“ Phillip Kuhns, Ksg., O entre Junction, Iowa: On the seventh inst, I wrote you, offering $200 in settlement of yonr claim for three heifers killed March 3, to which I have received no reply, but am in receipt this morning of thirty-day notice served upon our agent at Monticello, claiming $300 on account of above accident. On a review of the papers connected with the case, I think it possible that I have underestimated the stock in…
2Cases cited5 opinions
- Wood v. HitchcockNew York Supreme Court · 1838
- Tompkins v. BatieNebraska Supreme Court · 1881
- Shugart & Lininger v. PatteeSupreme Court of Iowa · 1873
- Latham v. HartfordSupreme Court of Kansas · 1882
- Elderkin v. FellowsWisconsin Supreme Court · 1884
3Cited by8 opinions
- Doak v. BrusonCalifornia Supreme Court · 1907
- Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
- Dickey v. KuhnCalifornia Court of Appeal · 1930
- West v. Farmers' Mutual InsuranceSupreme Court of Iowa · 1902
- McCarthy v. GriderCalifornia Court of Appeal · 1925
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