Milne v. Walker
Supreme Court of Iowa
Appeal from Fayette District Court. The plaintiff claims damages of the defendant and for cause of such claim alleges that the defendant so negligently-tied a certain stallion of the defendant in plaintiff’s barn, and with such a weak and insufficient halter that the stallion broke loose and injured a horse of the plaintiff, standing in a stall in said barn by breaking his leg.
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Appeal from Fayette District Court. The plaintiff claims damages of the defendant and for cause of such claim alleges that the defendant so negligently-tied a certain stallion of the defendant in plaintiff’s barn, and with such a weak and insufficient halter that the stallion broke loose and injured a horse of the plaintiff, standing in a stall in said barn by breaking his leg. He avers that the damage was caused by the negligence of the defendant and without fault or negligence on his part. There was a trial hy jury, and a verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the CourtRothrook, J.
1. instruction : order to find for defendant not: error without prej udice. I. After the plaintiff had introduced his evidence and rested his case, the court made the following oral statement: “As I understand this case there is no use of going any further with it, as the contributory negligence of the plaintiff in this action is such that he cannot recover on it. The case will probably go to the Supreme Court anyway, ánd I *187tliink the case, as it is, is as good for the plaintiff as it can be made, and it is better not to make a long and expensive record.
“Gentleman of the jury you will bring…
2Cases cited1 opinion
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
3Cited by14 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Davis v. KnightSupreme Court of Iowa · 1948
- Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895
- Pierson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1905
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