Brentner v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. Plaintiff seeks to recover double the value of certain cattle which, he alleges, were killed on defendant’s railroad track by an engine and train of cars.
Read the full summary
Appeal from Cerro Gordo Circuit Court. Plaintiff seeks to recover double the value of certain cattle which, he alleges, were killed on defendant’s railroad track by an engine and train of cars. It is alleged that the injury occurred at a point where defendant had a right to fence its track, but that it neglected to maintain a sufficient fence at said point to keep cattle from entering upon its track, and that the cattle in question, in consequence of such neglect,'entered thereon and were killed. There was a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtEeed, J.
1. JURY: SaustecRfiii from by-nuies stauciers. I. The defendant objected to the panel of the trial jurors upon the ground that the persons constituting the panel had not been drawn as required by law. mi 1 • • 1 •' obJectlon was overruled. In this respect ^bere n0 difference between this case and State v. Harris, 64 Iowa, 287. Therefore the court did not err in overruling the objection.
2. railroads: wantoffeuee: killing stock: double dam-offering nod davitfdaffl' II. Plaintiff offered in evidence a written notice and affidavit of the killing of the stock. He also introduced the deposition of…
2Cases cited4 opinions
- Hyde v. StoneNew York Supreme Court · 1831
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Mendell v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1865
- State v. HarrisSupreme Court of Iowa · 1884
3Cited by9 opinions
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1889
- New York, Chicago & St. Louis Railroad v. ZumbaughIndiana Court of Appeals · 1895
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
- Hopper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- Mikesell v. Wabash RailroadSupreme Court of Iowa · 1907
4 more not listed; retrieve them via the Exa API.