Ellis v. Leonard
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. M. A. Roberts, Judge. Plaintiee brings this action to recover five hundred dollars damages for an alleged breach of a written contract between the defendant and one Bradley, which contract Bradley assigned to the plaintiff. By said contract, Bradley purchased sixty head of steers from the defendant, which defendant agreed to keep on full feed of corn from October .15, 1894, until delivered.
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Appeal from Appanoose District Court. — Hon. M. A. Roberts, Judge. Plaintiee brings this action to recover five hundred dollars damages for an alleged breach of a written contract between the defendant and one Bradley, which contract Bradley assigned to the plaintiff. By said contract, Bradley purchased sixty head of steers from the defendant, which defendant agreed to keep on full feed of corn from October .15, 1894, until delivered. The breach alleged is that defendant failed to keep said cattle on full feed of corn, as agreed, to plaintiff’s damage. The defendant answered, joining issue on…
1Opinion of the CourtGiven, J.
1 *4892 *488Appellant makes but one assignment of error, namely, “There was error in the giving of instruction No. 14¿ to the jury,” which instruction is as follows: “In determining whether or not the defendant was negligent in not getting out of the way of the cattle at the time of the alleged injury, you may take into consideration the instinct which usually exists in the human breast for self-preservation; that is, the natural inclination of a human being in a moment of danger h> do all in his power, *489.under the circumstances, to protect himself from bodily injury. You may take into consideration…
2Cases cited19 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
- Kaufman Bros. v. Farley Manufacturing Co.Supreme Court of Iowa · 1889
- Hunt v. Iowa Central Railway Co.Supreme Court of Iowa · 1892
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- City of Indianapolis v. KeeleyIndiana Supreme Court · 1906
- Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Wright v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
3 more not listed; retrieve them via the Exa API.