Boswell v. Gates
Supreme Court of Iowa
Appeal from Palo Alto Circuit Court. Tnis action was brought before a justice of the peace. The plaintiffs aver that they are livery stable keepers; that as such they furnished to the defendants, L. S. Gates and wife, a team of horses to drive before a buggy to another county; that by reason of their careless and improper driving and treatment of the horses one of them was injured. They bring this action to recover damages in the sum of eighty dollars.
Read the full summary
Appeal from Palo Alto Circuit Court. Tnis action was brought before a justice of the peace. The plaintiffs aver that they are livery stable keepers; that as such they furnished to the defendants, L. S. Gates and wife, a team of horses to drive before a buggy to another county; that by reason of their careless and improper driving and treatment of the horses one of them was injured. They bring this action to recover damages in the sum of eighty dollars. There wras a trial by jury and verdict against the defendant L. S. Gates, alone. Before judgment the defendant L. S. Gates movedlo dismiss the…
1Opinion of the Court
Adams, Ch. J.
lentoíte*de" The question certified is in these words: “ In a joint action of tort against two defendants, where the jm7 ™ ^avor °f one and against the other, is fb-e plaintiff entitled to judgment against the one against whom the verdict was rendered?”
The defendant insists that this question must be answered in the negative. He relies upon Cogswell v. Murphy et al., 46 Iowa, 44; and Barnes & Son v. Ennenga, 53 Iowa, 497.
The former was an action brought against three defendants jointly for trespass and damage caused .by their cattle. Against the defendants separate judgments were…
2Cases cited2 opinions
- Cogswell v. MurphySupreme Court of Iowa · 1877
- Barnes v. EnnengaSupreme Court of Iowa · 1880
3Cited by10 opinions
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- Truscott v. PetersonNorth Dakota Supreme Court · 1951
- Freeby v. Town of SibleySupreme Court of Iowa · 1918
- Yocum v. HustedSupreme Court of Iowa · 1918
5 more not listed; retrieve them via the Exa API.