Sherman v. Western Stage Co.
Supreme Court of Iowa
Appeal from Marshall District Court. In April, 1862, the plaintiff’s wife and child took passage in the defendant’s line of coaches at Bes Moines, for Fort Bodge, and were drowned in crossing Boone river, in consequence of the alleged carelessness of the di’iver and employees of the defendant, and the insufficiency of their ferry-boat. To recover damages for this bereavement, in March, 1866, this action was commenced.
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Appeal from Marshall District Court. In April, 1862, the plaintiff’s wife and child took passage in the defendant’s line of coaches at Bes Moines, for Fort Bodge, and were drowned in crossing Boone river, in consequence of the alleged carelessness of the di’iver and employees of the defendant, and the insufficiency of their ferry-boat. To recover damages for this bereavement, in March, 1866, this action was commenced. A- demurrer was sustained to the petition, for the reason that the facts and dates set out therein, show that the cause of action had not accrued within two years from the date…
1Opinion of the Court
Lowe, Ch. J.
Limitation: statute of. Our conclusion is that the demurrer was properly sustained. That the cause of action, as it is declared and set forth in the petition, is for personal injuries to the wife and child of plaintiff, resulting in their death, and sounding in tort rather than contract, and falling within the class of actions designated in the first clause of section 2740 of the Revision, to recover in which, suit must be brought within two years. The question raised by the demurrer is not perhaps entirely free from doubt, and yet it is plain the action must belong to that class…
2Cited by13 opinions
- Schnebly Ex Rel. Schnebly v. BakerSupreme Court of Iowa · 1974
- Atlantic, Valdosta & Western Railroad v. McDildaSupreme Court of Georgia · 1906
- Klingbeil v. SaucermanWisconsin Supreme Court · 1917
- Staley v. JamesonIndiana Supreme Court · 1874
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
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