Holman v. Omaha & Council Bluffs Railway & Bridge Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. A. B. Ti-iornell, Judge. Action to recover -damages for personal injuries said to bave been suffered by plaintiff on o-r about May 16, 1894, in being thrown from one of defendant’s cars.
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Appeal from Pottawattamie District Court. — Hon. A. B. Ti-iornell, Judge. Action to recover -damages for personal injuries said to bave been suffered by plaintiff on o-r about May 16, 1894, in being thrown from one of defendant’s cars. The action, was commenced on the nineteenth day of March, 1897. In-order to avoid the statute of limitations, plaintiff pleaded that defendant, through its general superintendent, entered into negotiations for a settlement with plaintiff before the statute had fully run, and led plaintiff to' believe that her claim would be adjusted and paid without litigation;…
1Opinion of the CourtDeemer, J.
1 *4872 *4883 *486The trial court made the following order in passing on the motion for a new trial: “Now, on this fifteenth day of June, 1898, this cause coming on for final judgment on the defendant’s motion for a new trial, and the court, being well advised in the premises, sustains said .motion on the ground that the evidence does not show that W. S. Dimmcfck, superintendent of defendant company, was authorized to waive the statute of limitations, and that, therefore, the statute of limitations had run against the plaintiff’s claim before she commenced her action; and on said grounds a new trial is…
2Cases cited9 opinions
- Bish v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Templin v. Chicago, Burlington & Pacific R'y Co.Supreme Court of Iowa · 1887
- Blain & Kelly v. Pacific Express Co.Texas Supreme Court · 1887
- Cecil v. . HendersonSupreme Court of North Carolina · 1897
- Moran v. HarrisSupreme Court of Iowa · 1884
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3Cited by9 opinions
- Porter v. Madrid State BankSupreme Court of Iowa · 1912
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Rupp v. KohnSupreme Court of Iowa · 1930
- McDonald v. Mutual Life InsuranceSupreme Court of Iowa · 1916
4 more not listed; retrieve them via the Exa API.