Freeman v. Rich
Supreme Court of Iowa
Appeal from the Buchanan District Court. This action was brought to recover for injury done to the-colt of plaintiff, while tbe same was being yarded with other stock of plaintiff at defendant’s, at which place tbe plaintiff, bis family and stock, were staying over night, on their way moving to tbe country. Defendant is sought to be charged as an innkeeper generally, and also on a special undertaking. A verdict was had for plaintiff for fifty dollars.
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Appeal from the Buchanan District Court. This action was brought to recover for injury done to the-colt of plaintiff, while tbe same was being yarded with other stock of plaintiff at defendant’s, at which place tbe plaintiff, bis family and stock, were staying over night, on their way moving to tbe country. Defendant is sought to be charged as an innkeeper generally, and also on a special undertaking. A verdict was had for plaintiff for fifty dollars. Defendant moved for a new trial, which motion was overruled. The-only error assigned, is the overruling of this motion. No. question is made as…
1Opinion of the CourtIsbell, J.
An application for a new trial, is addressed' to the sound discretion of the court, under all the circumstances, of the case.. This court must be fully satisfied that *505sucb discretion bas been improperly exercised, before it will disturb a ruling refusing sucb trial, based on tbe insufficiency of testimony.
"Without recounting all tbe testimony in this case, wbicb is in some respects, conflicting, and of tbe credibility of wbicb tbe jury were tbe proper judges, we will state only so much, wbicb, if true,- we regard as sufficient to sustain tbe finding.
It appears that tbe son of plaintiff, was…
2Cases cited1 opinion
- Hill v. OwenIndiana Supreme Court · 1840
3Cited by4 opinions
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Fawcett v. WoodSupreme Court of Iowa · 1857
- Hopkins v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Howell v. SnyderSupreme Court of Iowa · 1874