Davis v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. AotioN to recover for killing, by locomotive and train, three colts, one span of mares, and one mule, worth $475. The plaintiff averred that the animals were killed at a point where, the defendant had the right to fence, and had fenced in fact, but permitted the fence to get out of repair, and so remain after due notice; that thirty day’s’ notice in writing of the killing and damages had been served upon defendant, and no payment had been…
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Appeal from Muscatine Circuit Court. AotioN to recover for killing, by locomotive and train, three colts, one span of mares, and one mule, worth $475. The plaintiff averred that the animals were killed at a point where, the defendant had the right to fence, and had fenced in fact, but permitted the fence to get out of repair, and so remain after due notice; that thirty day’s’ notice in writing of the killing and damages had been served upon defendant, and no payment had been made, and plaintiff asked double damages. It was also averred that defendant’s track runs through plaintiff ’s farm;…
1Opinion of the CourtCole, J.
I. The affidavit of the inj ury to the stock, which was made by the plaintiff himself, set forth “ that said 1. estoppel:-donwedlunages. were not on the track of said railroad company by any fault of his, or any procurement of his, but were there by reason of fencing up the *294crossing by said railroad company, and not providing another in its stead where the same passed through the premises of affiant.”- The additional answer pleaded this affidavit of injury as an estoppel upon plaintiff as to his claim for double damages, and it set forth specifically the fact of the notice, its service, the…
2Cases cited5 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Lucas v. HartSupreme Court of Iowa · 1857
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Stevenson v. BelknapSupreme Court of Iowa · 1858
- Lemmon v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1871
3Cited by6 opinions
- Case v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904
- Wait v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
- Harper v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
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