Legal Opinion

Pence v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided February 6, 1890PublishedCited by 12 opinions

Appeal from Polk District Conrt. — Hon. Marcus Kavanagh, Jr., Judge. Action to recover damages resulting from personal injuries for which defendant is alleged to be responsible. There was a trial by jury, and a verdict for plaintiff for the sum of twenty-four thousand dollars.

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Appeal from Polk District Conrt. — Hon. Marcus Kavanagh, Jr., Judge. Action to recover damages resulting from personal injuries for which defendant is alleged to be responsible. There was a trial by jury, and a verdict for plaintiff for the sum of twenty-four thousand dollars. Defendant filed a motion for a new trial, and the district court ordered that unless plaintiff remitted of the verdict the sum of nine thousand dollars, and accepted a judgment for fifteen thousand dollars, the motion for a new trial should be sustained. The plaintiff thereupon elected to remit nine thousand dollars,…

1Opinion of the CourtRobinson, J.

The injuries in question were received on the thirtieth day of October, 1878. At that time, defendant was engaged in operating two lines of railway, which extended eastward for some distance from Des Moines. One of them was known as the Chicago, Rock Island and Pacific railway, and the other as the Keokuk and Des Moines railroad. The first was commonly designated as the “Rock Island,” and the other as the “Keokuk” road. The latter was south *392of and, for several miles eastward of Des Moines, substantially parallel to the former. A highway known as the “Rising Sun Road” also led eastward from…

2Cited by12 opinions

  1. Philadelphia, Baltimore & Washington Railroad v. GattaSupreme Court of Delaware · 1913
  2. Hollenbeck v. City of MarionSupreme Court of Iowa · 1902
  3. Kern v. Des Moines City Railway Co.Supreme Court of Iowa · 1908
  4. Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
  5. Cronk v. Wabash RailroadSupreme Court of Iowa · 1904

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