Legal Opinion

O'Mara v. Newton & Northwestern Railway Co.

Supreme Court of Iowa

Decided October 21, 1912PublishedCited by 6 opinions

Appeal from Jasper District Court. — Hon. Byron W. Preston, . Judge. Appeal by plaintiff from au order overruling an application to reinstate on tbe calendar a cause dismissed for want of prosecution.

1Opinion of the CourtLadd, J.

The petition, alleging injury to a horse by collision with the defendant’s train in a right of way where it had the right to fence, was filed January 24, 1907, and an amendment thereto October 17th followed. The answer, a general denial, was filed the same day. The trial was begun October 18th, and resulted in a judgment for $850 October 29, 1907. The defendant appealed, and the judgment was reversed November 19, 1908. 140 Iowa, 190. *702Procedendo issued April 12, 1909, aud was filed in the district court the next day; but the case was not placed on the calendar until October, 1909, term of…

2Cases cited2 opinions

  1. Weigen v. Council Bluffs InsuranceSupreme Court of Iowa · 1898
  2. O'Mara v. Newton & Northwestern RailroadSupreme Court of Iowa · 1908

3Cited by6 opinions

  1. Hammon v. GilsonSupreme Court of Iowa · 1940
  2. Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
  3. National Loan & Investment Co. v. BleasdaleSupreme Court of Iowa · 1913
  4. Hansen v. McCoy & McCoySupreme Court of Iowa · 1936
  5. Britten v. Sheridan Oil Co.Supreme Court of Iowa · 1928

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