McLenon v. Kansas City, St. Joseph & Council Bluffs R'y Co.
Supreme Court of Iowa
Appeal from Fremont District Court. This action was originally brought before a justice of the peace to recover double the value of a cow which it is alleged ivas killed by one of defendant’s trains of cars at a place where there was no fence, and where the defendant had the right to fence its road.
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Appeal from Fremont District Court. This action was originally brought before a justice of the peace to recover double the value of a cow which it is alleged ivas killed by one of defendant’s trains of cars at a place where there was no fence, and where the defendant had the right to fence its road. There was a trial before the justice of the peace, which resulted in a judgment for plaintiff, and, upon an appeal to the circuit court, the cause was transferred to the district court, where the cause was tried to a jury, and there was a verdict and judgment for the plaintiff. The defendant…
1Opinion of the CourtRothrook, J.
1 RAILROADS: injuryto afsMvice°o£ notice. I. The cause involves less than $100, and the appeal comes to us upon questions . .... certified by the the trial judge. The first oí these questions is as follows: “(1) Whether the COpy 0f the notice and affidavit of injury to plaintiff’s cow was properly allowed by the court to be intro*321duced in. evidence before the jury as original evidence; it having been shown to have been a true copy of the original notice and affidavit served upon the defendant more than thirty days prior to the commencement of this suit, and no notice to produce said orignal…
2Cases cited1 opinion
- Shawhan v. LofferSupreme Court of Iowa · 1868
3Cited by6 opinions
- In re Estate of SchultzSupreme Court of Iowa · 1921
- Beach v. DonovanSupreme Court of Iowa · 1888
- Pickrell v. HiattSupreme Court of Iowa · 1890
- Sloss v. BaileySupreme Court of Iowa · 1898
- Cleophas v. WalkerSupreme Court of Iowa · 1930
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