Knott v. Dubuque & Sioux City Railway Co.
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. G-eobge W. Wakefield, Judge. Action to recover for personal injuries. The ease, as presented in. the pleadings, is in substance as follows: On September 5, 1889, the plaintiff filed bis petition against the Dubuque & Sioux City Bailway •Company, and afterwards by amended and substituted petition made the Cherokee & Dakota Bailway Company a party defendant.
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Appeal from Lyon District Court. — Hon. G-eobge W. Wakefield, Judge. Action to recover for personal injuries. The ease, as presented in. the pleadings, is in substance as follows: On September 5, 1889, the plaintiff filed bis petition against the Dubuque & Sioux City Bailway •Company, and afterwards by amended and substituted petition made the Cherokee & Dakota Bailway Company a party defendant. The plaintiff alleges that on or about February 1, 1888, he was employed by the defendants jointly as a fireman on a locomotive engine; tliat part of Ms duty was to go on the tender to adjust the…
1Opinion of the CourtGtven, J.
I. Question is made in argument as to the jurisdiction of the district court of Lyon county 1. Change of Venue: jurisdiction: waiver. over the defendant the Cherokee & Dakota Railway Company. The record before us shows that before answering that company filed its motion, supported by affidavit, for a change of the place of trial for the following reasons: That the Dubuque & Sioux City Railway Company did not own, and was not concerned in the operation of, the railroad at the time of the alleged accident, and that the “defendant, the Cherokee & Dakota Railway Company, at the time of the…
2Cases cited1 opinion
- McElfresh v. KirkendallSupreme Court of Iowa · 1873
3Cited by19 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Dobie v. Sears, Roebuck & Co.Supreme Court of Virginia · 1935
- Globe National Fire Insurance v. American Bonding & Casualty Co.Supreme Court of Iowa · 1923
- Hanlon v. SmithDistrict Court, N.D. Iowa · 1909
- Youngerman v. YoungermanSupreme Court of Iowa · 1907
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