Giger v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from, Tama District Court. — Hon. Geo. M. Gtlchrist, Judge. Action to recover the value of a colt which it is alleged was killed by one of defendant’s trains, by reason of_ the alleged negligence of defendant in permitting a cattle-guard on its line of railway to become and remain full of snow, so that said colt became entangled in said cattle-guard, and broke its leg, and was run over and killed by an engine and train of cars.
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Appeal from, Tama District Court. — Hon. Geo. M. Gtlchrist, Judge. Action to recover the value of a colt which it is alleged was killed by one of defendant’s trains, by reason of_ the alleged negligence of defendant in permitting a cattle-guard on its line of railway to become and remain full of snow, so that said colt became entangled in said cattle-guard, and broke its leg, and was run over and killed by an engine and train of cars. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, C. J.
1. Appeal: less than $100 : reduction by disclaimer after verdict. — I. The amount claimed in the petition was ninety dollars and interest. The verdict for the plaintiff was $101.10. After verdict plaintiff filed an amendment ^ to his Potion, in which he withdrew all claims for damages in excess of $99.99. The defendant moved to strike • the amendment from the files upon the ground, among others, that the same was made solely to prevent the defendant from appealing the cause to this court, and is in hindrance of justice. The motion to strike was overruled,'and a motion for new trial was…
2Cases cited5 opinions
- Milner v. GrossSupreme Court of Iowa · 1885
- Bateman v. SissonSupreme Court of Iowa · 1886
- Grahlman v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
- Wilson v. Hawkeye InsuranceSupreme Court of Iowa · 1888
- Robinson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
3Cited by2 opinions
- Roe v. McCaughanSupreme Court of Iowa · 1901
- Sharp v. NelsonSupreme Court of Iowa · 1895