Smith v. C., M. & St. P. Railway Co.
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. Action to recover double damages for stock killed by a train on the defendant’s road, at a place where it is alleged the defendant had a right to fence, and neglected to do so. Jury trial, verdict, and judgment for plaintiff for $110. The defendant appeals. The facts are stated in the opinion.
1Opinion of the Court
Hat, Ch. J.
i. bajxkoads: stock7 service of notice. I. It is insisted that the court erred in admitting in evidence the notice and affidavit of the destruction plaintiff’s property, because there was no proper proof of the service of them upon the defendant. Section 1289 of the Code, provides: “If such corporation neglects to pay the value of or damage done to any such stock within thirty days after notice in writing, accompanied by an affidavit of such injury or destruction, has been served on any officer, station or ticket agent, employed in the management of the business of the corporation…
2Cases cited2 opinions
- Comstock v. Des Moines Valley R. R.Supreme Court of Iowa · 1871
- Welsh v. C., B. & Q. R.Supreme Court of Iowa · 1880
3Cited by3 opinions
- Duncombe v. PowersSupreme Court of Iowa · 1888
- Atlantic & St. Lawrence RailroadSupreme Judicial Court of Maine · 1905
- Paine v. Incorporated Town of LettsvilleSupreme Court of Iowa · 1897