Cahill v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from Buchanan District Court.— Hon. Eranklin C. Platt, Judge. Action to recover damages for personal injuries received by plaintiff while in defendant’s employ. Plaintiff’s motion for leave to amend his petition being overruled, defendant by leave of court withdrew its answer, and interposed a demurrer to plaintiff’s petition, which was sustained, and plaintiff appeals.
1Opinion of the CourtMcClain, J.
After the expiration of the two years which, under our statute'of limitations, is the period within which plaintiff’s action should have been brought, and when the case was called for trial on the issues raised on defendant’s answer to plaintiff’s petition, plaintiff asked leave to file an amendment to his petition by adding thereto the averment that at the time of receiving the injury complained of and prior thereto the plaintiff was not guilty of any want of ordinary care that caused said injury, or contributed thereto. This application to amend was overruled on the ground that the…
2Cases cited28 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Box v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1888
- Frum v. KeeneySupreme Court of Iowa · 1899
23 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- Fort Dodge Hotel Co. of Fort Dodge v. BarteltCourt of Appeals for the Eighth Circuit · 1941
- Knight v. Moline, East Moline & Watertown Railway Co.Supreme Court of Iowa · 1913
- Blakeley v. Estate of ShortalSupreme Court of Iowa · 1945
- Matthys v. DonelsonSupreme Court of Iowa · 1917
22 more not listed; retrieve them via the Exa API.