Haley v. Chicago & North Western Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. This is a suit to recover of tbe defendant damages for the wrongful treatment and negligent conduct of its servants, whereby the death of one James Bogus was' occasioned.- ■ ■ The gravamen of the charge as laid in the petition is, that in September, 1864, Bogus was a passenger on one of the cars then running; that he was forcibly ejected therefrom at a time when he was of unsound mind and intoxicated, and was so injured that he was…
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Appeal from Clinton District Court. This is a suit to recover of tbe defendant damages for the wrongful treatment and negligent conduct of its servants, whereby the death of one James Bogus was' occasioned.- ■ ■ The gravamen of the charge as laid in the petition is, that in September, 1864, Bogus was a passenger on one of the cars then running; that he was forcibly ejected therefrom at a time when he was of unsound mind and intoxicated, and was so injured that he was incapable of exercising any care of himself, which defendant well knew; and in this condition was left on the track of the…
1Opinion of the Court
Lowe, Ch. J.
Was there error in overruling the above motion for a new trial ? The settlement of this inquiry involves the consideration of two questions. First, whether the verdict of the jury was manifestly against the preponderance of the evidence; and secondly, whether it was contrary to law, being either against the same as propounded by the court, or in pursuance of instructions erroneously given.
In considering the first of these propositions, we assume . that if the complaint in its form and essence, as set forth in the petition, be not true, that then in law the plaintiff is not…
2Cases cited1 opinion
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
3Cited by16 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- Henry v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Reynolds v. HindmanSupreme Court of Iowa · 1871
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