McKinley v. C. & N. W. R.
Supreme Court of Iowa
Appeal from Linn District Gowrt. This action is brought to recover damages for an alleged injury caused by a beating and forcible resistance of the plaintiff by a brakeman of the defendant, when the plaintiff was about to enter a passenger car of the defendant’s at Howard Junction, Wisconsin, on March 22, 1872. Upon a general issue as to the facts alleged by plaintiff, and the liability of defendant, the cause was tried to a jury, who found a verdict for the plaintiff in the…
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Appeal from Linn District Gowrt. This action is brought to recover damages for an alleged injury caused by a beating and forcible resistance of the plaintiff by a brakeman of the defendant, when the plaintiff was about to enter a passenger car of the defendant’s at Howard Junction, Wisconsin, on March 22, 1872. Upon a general issue as to the facts alleged by plaintiff, and the liability of defendant, the cause was tried to a jury, who found a verdict for the plaintiff in the sum of twelve thousand dollars. A judgment was rendered thereon, from which the defendant appeals.
1Opinion of the Court
Seevers, Ch. J.
A rehearing having been granted and the questions involved having been again argued with great ability and research, it becomes our duty to re-examine and determine the questions presented.
i. pbaotice: ■ amendment of certificate. I. At the appearance term, November, 1872, the defendant moved to suppress the depositions of certain witnesses, because ^ie certificate of the officer taking them did not sh°w that the same were read over to the witnesses by him before they were signed and sworn to; and because it did not state whether either party, his attorney or agent, was present'…
2Cases cited14 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Taber v. HutsonIndiana Supreme Court · 1854
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- Amos v. Prom, Inc.District Court, N.D. Iowa · 1953
- Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
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