Hammond v. S. C. & P. R. Co.
Supreme Court of Iowa
Appeal from Woodbury District Cow't. Action to recover for injuries done a mare and colt owned by plaintiff, by an engine operated by defendant upon its railroad running upon and striking them. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case involved in the points ruled by the court appear in the opinion.
1Opinion of the CourtBeck, J.
i pleading: amendmeat. I. The petition alleged that the animals were injured at a place upon the railroad where defendant had the right to construct fences, and claimed double damages_ Upon the trial it was disclosed that the accident, in fact, occurred upon a depot ground. After all the evidence had been submitted, and counsel bad commenced *451the argument of the cause to the jury, the plaintiff was permitted by the court, against defendant’s objection, to amend his petition, showing the fact as to the place of the accident as established by the testimony, and that the injury to the animals was…
2Cases cited1 opinion
- Upson v. FullerSupreme Court of Iowa · 1876
3Cited by11 opinions
- Connelly v. NolteSupreme Court of Iowa · 1946
- State v. ThomasSupreme Court of Iowa · 1906
- Hankins v. YoungSupreme Court of Iowa · 1916
- Chariton National Bank v. WhicherSupreme Court of Iowa · 1914
- Sunberg v. BabcockSupreme Court of Iowa · 1885
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