Helphrey v. Chicago & Rock Island R. R.
Supreme Court of Iowa
Appeal from General Term, Sixth District (Jasper County). Wednesday, August 31. Plaintiff claims double damages for the killing of a colt, of the value of $60.00, by defendant’s train and for time given and money expended about the care of said colt, after the injury, at defendant’s request. The answer admits every material allegation of the petition, except as to value, and averring a tender of $55 in full payment, etc., and its refusal.
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Appeal from General Term, Sixth District (Jasper County). Wednesday, August 31. Plaintiff claims double damages for the killing of a colt, of the value of $60.00, by defendant’s train and for time given and money expended about the care of said colt, after the injury, at defendant’s request. The answer admits every material allegation of the petition, except as to value, and averring a tender of $55 in full payment, etc., and its refusal. The injury occurred June 28, 1868, and the notice thereof was served upon the station agent upon the 26th of the same month. The jury found specially that…
1Opinion of the CourtWright, J.
I. It is objected that the court erred in receiving cumulative testimony as to the value of the colt, after defendant had closed its testimony on that subject. To this it is sufficient to say that the testimony of the witnesses is not given, and we cannot hence know that it was either corroborative, material or prejudicial. Mays v. Deaver, 1 Iowa, 216; Spears v. Fortner, 6 id. 153; Oliver v. Depew 14 id. 490.
1. tender ; aeflcient amount. II. Defendant proposed to prove that it had in good faith tendered what was believed to be the value of the co^i as far as could be ascertained by due…
2Cases cited8 opinions
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868
- Mays v. DeaverSupreme Court of Iowa · 1855
- Stevens v. CampbellSupreme Court of Iowa · 1858
- Odell v. BrownIndiana Supreme Court · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Morbey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Jacobson v. United States Gypsum Co.Supreme Court of Iowa · 1911
- Rouyer v. MillerIndiana Court of Appeals · 1896
- Wiar v. Wabash RailroadSupreme Court of Iowa · 1913
- Olinger v. TiefenthalerSupreme Court of Iowa · 1939
1 more not listed; retrieve them via the Exa API.