Kendig v. Overhulser
Supreme Court of Iowa
Appeal from Adadr Circuit Cou/rt. The plaintiff alleges, in substance, in his petition, that the defendant, on the 8 th day of March, 1879, negligently set fire to a large stack of straw in a stubble'field on land owned and occupied by defendant, and negligently permitted said fire to burn until the 12th day of March, when it spread through the stubble in the field where it was situated, upon land of plaintiff, and destroyed a large amount of property, for which plaintiff…
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Appeal from Adadr Circuit Cou/rt. The plaintiff alleges, in substance, in his petition, that the defendant, on the 8 th day of March, 1879, negligently set fire to a large stack of straw in a stubble'field on land owned and occupied by defendant, and negligently permitted said fire to burn until the 12th day of March, when it spread through the stubble in the field where it was situated, upon land of plaintiff, and destroyed a large amount of property, for which plaintiff asks damages in the sum of $1,500. The answer of the defendant is a general denial. There was a jury trial, resulting in a…
1Opinion of the CourtDay, J.
1. PRACTICE: defect in pleading: waiver of. I. The appellee insists that the appellant is -not entitled to have any of the errors assigned reviewed, because ^ie petition does not allege facts constituting a cause of action. It is urged that the petition is defective in that it does not allege that the plaintiff was free from contributory negligence, nor that the defendant negligently allowed the fire to escape. If it should be conceded that the petition is defective in the particulars named, still this defect, in our opinion, does not constitute a reason why the judgment should be affirmed,…
2Cases cited7 opinions
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Murphy v. CreightonSupreme Court of Iowa · 1876
- Sherwood v. Snow, Foote & Co.Supreme Court of Iowa · 1877
- Brown v. RoseSupreme Court of Iowa · 1881
- Barton v. ThompsonSupreme Court of Iowa · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gross v. HockerSupreme Court of Iowa · 1952
- Verlinden v. GodbersonSupreme Court of Iowa · 1946
- Buhlman v. HumphreySupreme Court of Iowa · 1892
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Stanley v. BarringerSupreme Court of Iowa · 1888
3 more not listed; retrieve them via the Exa API.