Legal Opinion

Bixby v. Omaha & Council Bluffs Railway & Bridge Co.

Supreme Court of Iowa

Decided May 10, 1898PublishedCited by 20 opinions

Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action for damages occasioned by the negligence of defendant. Trial to. jury, verdict and judgment for plaintiff, and defendant appeals. —

1Opinion of the CourtLadd, J.

*2951 *294— This action is 'brought for injuries sustained by the plaintiff in a collision between a street car of the defendant and a train on the Chicago, Burlington & Quincy Railroad. The liability of the defendant appears to have been conceded at the trial, and the extent of the injury and the amount to be allowed as damages were the only questions in controversy. There was some contusion of the skin and bruises, but these soon disappeared, and at the time of the trial, there was no objective or .external evidence of any injury. The theory of the plaintiff was that he had received a ’serious Shock…

2Cases cited29 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. People v. HallMichigan Supreme Court · 1882
  3. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  4. Davis v. StateCourt of Appeals of Maryland · 1873
  5. Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857

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3Cited by20 opinions

  1. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
  2. State v. PetersonSupreme Court of Iowa · 1900
  3. Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
  4. Eckleberry v. Kaiser Foundation Northern HospitalsOregon Supreme Court · 1961
  5. Betts v. BettsSupreme Court of Iowa · 1901

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