McMillan v. American Express Co.
Supreme Court of Iowa
Appeal from Lyon District Oouri. — Hon. J. F. Oliver, Judge. Action at law to recover tbe value of a cow injured, as is claimed by the plaintiff, while being transported from Waldron, in the'state of Indiana, to Rock Rapids, in this state.
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Appeal from Lyon District Oouri. — Hon. J. F. Oliver, Judge. Action at law to recover tbe value of a cow injured, as is claimed by the plaintiff, while being transported from Waldron, in the'state of Indiana, to Rock Rapids, in this state. Tbe defendant denied all negligence on its part, pleaded a contract of shipment limiting tbe time for tbe bringing of action, and fixing tbe value of tbe animal at $100, and further pleaded that whatever injury tbe cow received was due to causes arising from tbe condition of tbe animal and to her own conduct while being transported. Tbe reply pleads a…
1Opinion of the CourtDeemer, C. J.
i. assignment of error. With tbe exception of tbe first, tbe assignments of error are all omnibus in character, and fail to point out tbe exact error complained of. Section 413 6 of tbe Code provides that “no question shall be considered by tbe Supreme Court unless pointed out by an assignment of error, which * * * must clearly and specifically indicate tbe very error complained of, and, among several points made in * * * motion, instructions or rulings, tbe one, dr those relied upon, must be separately stated.” We have so many times construed this section that it is useless to cite all tbe…
2Cases cited11 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1846
- Illinois Central Railroad v. J. L. Smyser & Co.Illinois Supreme Court · 1865
- Faivre v. MandercheidSupreme Court of Iowa · 1902
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3Cited by5 opinions
- Middleton v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1934
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Mumford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- United Artists Corp. v. Puget Sound Electric RailwayWashington Supreme Court · 1922