Welsh v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Page District Oourt. Action to recover double the value of a horse alleged to have been killed by one of defendant’s engines, at a point on tbe railroad of defendant where it had the right to fence its road. The defense was a denial of any knowledge or information sufficient to form a belief of the truth of the allegations of the petition. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the Court
Bothrock, J., stock5 service of notice. I. The plaintiff introduced in evidence a notice in writing accompanied by an affidavit of the injury, and also an affidavit showing proof of service thereof. The proof of service recites that service 0f the notice was made on the defendant, “by reading the same to J. B. Sullivan, at the station of said rail-r-oad at Olarinda in said county, said Sullivan being the station agent of said road at said place, etc.” Objection was made to the proof of servieé, and it is now insisted that the same does not comply with the provisions of the law, because it…
2Cases cited1 opinion
- Jones v. Galena & Chicago Union RailroadSupreme Court of Iowa · 1864
3Cited by10 opinions
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Sullivan v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Inman v. C., M. & St. P. R.Supreme Court of Iowa · 1883
- Polt v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.