Allender v. C. R. I. & P. R.
Supreme Court of Iowa
Appeal from Keohuh Circuit Court. This is an action to recover for personal injuries sustained by-plaintiff as a passenger on defendant’s road. The cause was tried at the August term, 1872, of the Jefferson Circuit Court, and judgment was. rendered for plaintiff for five thousand dollars.
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Appeal from Keohuh Circuit Court. This is an action to recover for personal injuries sustained by-plaintiff as a passenger on defendant’s road. The cause was tried at the August term, 1872, of the Jefferson Circuit Court, and judgment was. rendered for plaintiff for five thousand dollars. At the December term, 1873, of this court, the judgment was reversed, and the cause was remanded for a new trial. ' On the 7th day of April, 1874, the venue was changed to the Keokuk Circuit Court. At the May term, 1874, of said court the cause was again tried, and a verdict was returned, and judgment was…
1Opinion of the CourtDay, J.
I. It is urged with much earnestness that the verdict is not supported by the evidence, and it is claimed that the testimony differs materially from that produced upon the former trial. While it is true that the evidence is not identical with that before submitted, it is in all substantial and material respects the same. Upon the former appeal we examined the testimony with care, and held that it was sufficient to warrant" the jury in finding that the plaintiff was injured by the negligence of defendant, and that she did not, by her failure to exercise ordinary care, contribute to the injury.…
2Cases cited3 opinions
- Allender v. C. R. I. & P. R. R.Supreme Court of Iowa · 1873
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- Russ v. The Steamboat War EagleSupreme Court of Iowa · 1862
3Cited by5 opinions
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Barlow v. Salt Lake & U. R.Utah Supreme Court · 1920
- Raben v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- Harker v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1893
- Chance v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1881