Taylor v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Josiah Given, Judge. The plaintiff brought this action to recover double the value of seven calves, of which he was the owner, and which he claims were so injured, while running at large, by the trains of the defendant in operating its railroad; that they had to be killed ; and that the injuries were inflicted at points on the road where the right of way was not fenced and where the defendant had a right to fence.
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Appeal from Polk District Court. — Hon. Josiah Given, Judge. The plaintiff brought this action to recover double the value of seven calves, of which he was the owner, and which he claims were so injured, while running at large, by the trains of the defendant in operating its railroad; that they had to be killed ; and that the injuries were inflicted at points on the road where the right of way was not fenced and where the defendant had a right to fence. There was a trial by jury, and a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
1. pleading: OTaideSiaifeu' admission^1 tends?1:6stock kiUmg. — I. The petition is in the usual form, and the notice provided by statute as the basis of the claim for double damages, was duly served upon the defendant. The answer was in two divisions. In the first division it was admitted .that six calves, the property of the plaintiff, were injured by trains operated by the defendant, and that they were of the reasonable value of eleven dollars each and no more, and each and every other allegation in the petition was denied.
In the second division of the answer it was alleged that the six…
2Cases cited3 opinions
- Comstock v. Des Moines Valley R. R.Supreme Court of Iowa · 1871
- Gray v. GrahamSupreme Court of Iowa · 1872
- Wilson v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
3Cited by6 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Stanley v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1903
- Fairley v. FalconSupreme Court of Iowa · 1927
- Knott v. HawleySupreme Court of Minnesota · 1925
- Bailey v. City of LeMarsSupreme Court of Iowa · 1920
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