Stockwell v. C. C. & D. R.
Supreme Court of Iowa
Appeal from, Clinton District Court. Action to recover the value of lumber burned by fire alleged to have been caused by a locomotive operated upon defendant’s railroad. No negligence on the part of defendant’s employes is alleged. The value of the lumber destroyed is averred to be $61,066. There was a verdict for- defendant, which the court set aside on the grounds of misconduct of the defendant.
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Appeal from, Clinton District Court. Action to recover the value of lumber burned by fire alleged to have been caused by a locomotive operated upon defendant’s railroad. No negligence on the part of defendant’s employes is alleged. The value of the lumber destroyed is averred to be $61,066. There was a verdict for- defendant, which the court set aside on the grounds of misconduct of the defendant. The plaintiff, by the judgment of the court, was required to pay the costs of the first trial. Defendant appeals from the order setting aside the verdict, and plaintiff appeals from the judgment…
1Opinion of the CourtBeck, J.
The verdict was set aside by the court below solely on the ground of the misconduct of the defendant. While plaintiff claims in his motion that the verdict was in conflict with the evidence and the law, as given the jury by the court, this point is not relied upon in this court. Indeed, we understand counsel for plaintiff to admit that the case is not *472one which demands interference with the verdict on the ground that it wants the support of evidence. The abstract upon which the case is presented here was not prepared to present that question.
It is urged that several motions are presented in…
2Cited by17 opinions
- Tarr v. Keller Lumber & Construction Co.West Virginia Supreme Court · 1928
- People v. . WhiteNew York Court of Appeals · 1903
- Curtis & Gartside Co. v. PribylSupreme Court of Oklahoma · 1913
- Kessel v. HuntSupreme Court of Iowa · 1932
- Snyder v. GuthrieSupreme Court of Iowa · 1922
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