Connyers v. Sioux City & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. C. H„ Lewis, Judge. Action for the recovery'of damages sustained by the plaintiff by reason of the killing of certain of his cattle upon the track of defendant’s railroad by locomotive engines and trains run by the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
1. Pleading: averments^ waiver. I. It is claimed in the petition that, in the month of June, 1885, two steers, the property of plaintiff, were killed by one of defendant’s trains; that, in June, 1886, two cows were killed in the same manner; that, on the sixth day of July, 1887, one “blooded bull” and one cow were killed by another train; that, on the thirteenth day of July, 1887, another cow was killed by another train ; and that, on tlj.e fourteenth day of the same month, one steer and one cow were killed in the same manner. The ground upon which recovery was sought for the value of the…
2Cases cited5 opinions
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
- Scott v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Evans v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866
- Searles v. Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1872
- Whitbeck v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1866
3Cited by2 opinions
- Chase v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
- Mears v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897