Mendell v. Chicago & North Western Railway Co.
Supreme Court of Iowa
Appeals from Marshall District Court These cases involve the same questions. Plaintiffs claim double damages for injury to stock, under section 6 of chapter 169, Laws Ninth General Assembly. On the trial, defendants objected to the “notices of loss,” contemplated by said section, and the manner of service.
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Appeals from Marshall District Court These cases involve the same questions. Plaintiffs claim double damages for injury to stock, under section 6 of chapter 169, Laws Ninth General Assembly. On the trial, defendants objected to the “notices of loss,” contemplated by said section, and the manner of service. The objections were sustained, plaintiffs duly excepted and appeal. 1. The notice and affidavits were sufficient. 2. The service of the notice by reading the original and giving a true, copy was sufficient. Colling v. Trewich, 6 B. & 0., 394; JEUcinsv. Hanly, 3 Knox & Smith, 1; Hammond v.…
1Opinion of the CourtWright, J.
i.rail’tSeeof loss. The statute provides that if the railroad liable thereunder, shall refuse or neglect to pay the value of any property so injured or destroyed, “after • thirty days’ notice in writing given, accompanied hy *11an affidavit of the injury or destruction of said, property to any officer, &c.,” it shall be held to pay double the value, &c.
In these cases the notices were duly directed to the company, set forth the time, manner and particular nature and extent of the injuries received, advised the defendant of the amount claimed, and the value of the property, and further stated that…
2Cited by7 opinions
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870
- Brentner v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Pierce v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1917
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