Monahan v. Keokuk & Des Moines Railway
Supreme Court of Iowa
Appeal from Van Buren Circuit Court. Action to recover double the value of certain horses, alleged to have been injured and hilled by being run over by a train on defendant’s road.
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Appeal from Van Buren Circuit Court. Action to recover double the value of certain horses, alleged to have been injured and hilled by being run over by a train on defendant’s road. The petition states the horses were killed on the night of the 20th day o'f August, 1874, and were of the value of $228; that plaintiif gave the defendant verbal notice of the time and place of the injury, and demanded payment, which was refused; that on the 29th day of January, 1875, he gave defendant a written notice as provided by law. In an amendment to the petition, it was stated the horses were killed near…
1Opinion of the CourtSeevers, J.
Certain interrogatories were propounded to the jury and answered by them. Among others- the jury found specially that the train was being run at more than eight miles per hour, and in consequence.thereof the horses were injured and killed, and that they would not have been killed if the. train had been running at a rate of speed not exceeding eight miles per hour. The jury failed to answer an interrogatory as to whether or not the horses were injured and killed on the depot grounds, and upon being inquired of by'the court why they had not answered said interrogatory the jury responded they…
2Cases cited1 opinion
- McKonkey v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
3Cited by3 opinions
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Chicago, Burlington & Quincy R. Co. v. the WC HarmsDistrict Court, S.D. Texas · 1954
- Story v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1890