Root v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from Floyd Circuit Court. Wednesday, June 15. This action was coinmeneed before a justice of the peace, and plaintiff, according to the -petition, “ claims of the defendant, a company, doing business in the state of Iowa, under the laws thereof, the sum of,” etc.
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Appeal from Floyd Circuit Court. Wednesday, June 15. This action was coinmeneed before a justice of the peace, and plaintiff, according to the -petition, “ claims of the defendant, a company, doing business in the state of Iowa, under the laws thereof, the sum of,” etc. For cause of claim it is stated that on, etc., a “servant of defendant, running and operating an engine for said defendant, * * * killed on said road near the depot, etc., by negligently running over, with said engine, a dark red calf, the property of, etc. It is then averred that verified notice of said killing and demanding…
1Opinion of the CourtWright, J.
Commenced as the case was before a justice, where technical exactness in pleading is not required, Hall v. Monahan, 1 Iowa, 554; Dilley v. Nusum, 17 id. 238; Blake v. Graves, 18 id. 312), the petition was certainly not obnoxious to the objection taken by the demurrer. In Byington v. M. & M. R. R. Co., 11 id. 502, relied upon by appellant, the petition, in the district court, did not aver, nor did it in any way appear, that the company was a firm or corporation, organized under the laws of this or any state. It was held, that as the company was not a natural person, the petition should in some…
2Cases cited2 opinions
- Hall v. MonahanSupreme Court of Iowa · 1855
- Fort Dodge City School District v. District Township of WahkansaSupreme Court of Iowa · 1863
3Cited by1 opinion
- Ellis v. LeonardSupreme Court of Iowa · 1899