Legal Opinion

Burleigh & Jackson v. Hines

Supreme Court of Iowa

Decided May 12, 1904PublishedCited by 11 opinions

Appeal from Cedar District Court.— Hon. H. M. Remley, Judge. Action to recover damages sustained by plaintiffs as owners of nineteen thoroughbred and registered Hereford heifers which were gotten with calf by defendant’s ill-bred and unregistered bull. Verdict for plaintiffs for $950, from judgment on which defendant appeals.

1Opinion of the CourtMcClain, J.

The contentions for appellant are, first, that plaintiffs were negligent; second, that plaintiffs elected another remedy; and, third, that the jury were erroneously allowed to include damages as to one heifer which was not the property of the plaintiffs at the time the action was brought. The errors relied upon with reference to these matters are presented in different methods, and we can satisfactorily dispose of the case assuming that each of these questions was properly raised in the trial court.

i Animals-negligence; damages. I. The action is predicated on Code, section 2312, which…

2Cases cited1 opinion

  1. Meier v. ShrunkSupreme Court of Iowa · 1890

3Cited by11 opinions

  1. Hansen v. KemmishSupreme Court of Iowa · 1926
  2. State v. PellSupreme Court of Iowa · 1909
  3. Wenndt v. LatareSupreme Court of Iowa · 1972
  4. Wheeler v. WoodsSupreme Court of Iowa · 1928
  5. Mallory v. JurgenaSupreme Court of Iowa · 1958

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