Archer v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Polls Circuit Court. On tbe sixteenth day of December, 1880, the plaintiff was an employe of tbe defendant as a brakeman, and claims tbat be was injured because of the negligence of the defendant in tbe operation of its trains. In September, 1881, he commenced an action in tbe circuit court to recover tbe damages sustained by reason of said injury.
Read the full summary
Appeal from Polls Circuit Court. On tbe sixteenth day of December, 1880, the plaintiff was an employe of tbe defendant as a brakeman, and claims tbat be was injured because of the negligence of the defendant in tbe operation of its trains. In September, 1881, he commenced an action in tbe circuit court to recover tbe damages sustained by reason of said injury. Upon the application of the defendant, that action was transferred to tbe federal court, and in October, 1883, the plaintiff dismissed it without prejudice. This action was commenced on the twenty-second day of December, 1883, and, in…
1Opinion of the Court
Seekers, J.,3iimitaUoiS” by dismission without prejudice. I. It is provided by statute that an action may be dismissed, and that such dismissal shall be without prejudice to a further action, when the dismissal is before the final submission of the action to the jury, or to the court, when the trial is to the court. Code, § 2844. This section does not enlarge or extend the statute of limitations, but simply provides that another action may be brought and maintained, if the original action could have been brought and maintained if commenced at that time.
2.-• acsónaUnjury: dismission…
2Cited by16 opinions
- Harrison v. Hartford Fire InsuranceSupreme Court of Iowa · 1897
- Pennsylvania Co. v. GoodIndiana Court of Appeals · 1913
- Pardey v. Town of MechanicsvilleSupreme Court of Iowa · 1900
- Charles Furnald v. Anthony Hughes and Emcasco Insurance CompanySupreme Court of Iowa · 2011
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
11 more not listed; retrieve them via the Exa API.