Brandt v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Iowa
Appeal from Johnson District Court. This action was originally brought before a justice of the peace to recover double the value (under § 6 of ch. 169 of Laws of 1862) of two calves killed on the railroad of defendant. There was a trial before the justice, and judgment for defendant for costs. The plaintiff appealed to the District Court, where- there was a trial to a jury, which resulted in a verdict and judgment for the plaintiff, for tlie sum of fifty dollars.
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Appeal from Johnson District Court. This action was originally brought before a justice of the peace to recover double the value (under § 6 of ch. 169 of Laws of 1862) of two calves killed on the railroad of defendant. There was a trial before the justice, and judgment for defendant for costs. The plaintiff appealed to the District Court, where- there was a trial to a jury, which resulted in a verdict and judgment for the plaintiff, for tlie sum of fifty dollars. The defendant appeals to this court. The further facts are stated in the opinion.
1Opinion of the CourtCole, J.
1. Railroad: damages for killing stock: pleading. — I. On the trial, the plaintiff offered in evidence a notice to the defendant of the killing of the stock, accompanied by an affidavit of the plaintiff of such killing, and that the value of the stock was thirty dollars; on this notice and affidavit were indorsed, in writing, a return of service thereof upon the defendant, “ by reading the same to A. G. Tucker, ticket agent of said company, and by giving him a true copy of the same, as such agent, in Iowa City, Johnson Co., Iowa; ” signed “ John Wilson, sh’ff, by A. T. McElwain, dep’ty.” The…
2Cases cited1 opinion
- Boyden v. MooreMassachusetts Supreme Judicial Court · 1809
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