Mendenhall v. Chicago, Great Western Railroad
Supreme Court of Iowa
Appeal from Polk District Court. — IIon. AY; H. McHenry, J udge. Action to recover damages for- personal injuries received by plaintiff while upon a passenger train which was being operated.by the receivers of the Chicago Great AYestern Railway Company. The defendant, the Chicago Great Western Railway Company, is sought to be held as purchaser of the property from the receivers in virtue of its contract with the receivers.
Read the full summary
Appeal from Polk District Court. — IIon. AY; H. McHenry, J udge. Action to recover damages for- personal injuries received by plaintiff while upon a passenger train which was being operated.by the receivers of the Chicago Great AYestern Railway Company. The defendant, the Chicago Great Western Railway Company, is sought to be held as purchaser of the property from the receivers in virtue of its contract with the receivers. The trial court sustained a demurrer to the plaintiff’s petition, and he appeals.
1Opinion of the Court
Deemer, J".
The Chicago Great Western Railway Company went into the hands of receivers pursuant to orders regularly made by United States Circuit Courts of the Northern and Southern Districts of Iowa. While a passenger on one of the trains which was being operated by the receivers under the orders of court, plaintiff received the injuries of which he complains. He brought his action against the Chicago Great Western Railway Company who purchased the railway from the receivers, claiming that said company agreed to pay all debts and liabilities incurred by the receivers while operating the road.…
2Cases cited5 opinions
- Hanlon v. SmithDistrict Court, N.D. Iowa · 1909
- B., C. R. & N. R. Co. v. VerrySupreme Court of Iowa · 1878
- White v. K. & D. M. R.Supreme Court of Iowa · 1879
- Brockert v. Iowa Central Railway Co.Supreme Court of Iowa · 1894
- Winter v. Iowa Central Railway Co.Supreme Court of Iowa · 1900