Jones v. Chicago & Northwestern R. R.
Supreme Court of Iowa
Appeal from Marshall District Court. This action is brought by the plaintiff to recover of defendant for the killing of a cow and a colt by the cars of the defendant at a point on its railroad where it had the right to fence the same, and that such killing was the result of the negligence of the employees of the defendant. The cause was tried to a jury who returned a verdict for plaintiff. From the judgment thereon defendant appeals.
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Appeal from Marshall District Court. This action is brought by the plaintiff to recover of defendant for the killing of a cow and a colt by the cars of the defendant at a point on its railroad where it had the right to fence the same, and that such killing was the result of the negligence of the employees of the defendant. The cause was tried to a jury who returned a verdict for plaintiff. From the judgment thereon defendant appeals. The further facts are stated in the opinion.
1Opinion of the Court
Miller, J.—
i venue • change of. This action was commenced on the 23d day of June, 1871. At the September term, 1871, of the court, the defendant filed an answer admitting that it was a corporation, but denied each of the other allegations of the petition. Also, at the same term of the court the defendant made an application for a change of venue based upon the following affidavits: •
“ M. H. Estabrook, duly sworn, states : ‘ I am claim agent of the defendant for the Iowa division ‘of its road ; it is my business, as such agent, to investigate the facts and circumstances connected with all…
2Cases cited3 opinions
- Richards v. BurdenSupreme Court of Iowa · 1871
- State v. BowersSupreme Court of Iowa · 1864
- Welsh v. SaverySupreme Court of Iowa · 1856
3Cited by25 opinions
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Fidelity & Casualty Co. of New York v. CarrollIndiana Supreme Court · 1917
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
- Allerton v. EldridgeSupreme Court of Iowa · 1881
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