Penn v. McLaughlin
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. This action was commenced before a justice of the peace of Deleware county upon a claim for damage done by animals of defendant trespassing upon plaintiff’s land, and upon an account of different items. Defendant denied the matter set out in plaintiff’s claim and account, and filed a cross-demand upon an account for services, cash, etc. Upon a trial to a jury a verdict and judgment for $25 and costs was rendered for plaintiff.
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Appeal from Buchanan Circuit Court. This action was commenced before a justice of the peace of Deleware county upon a claim for damage done by animals of defendant trespassing upon plaintiff’s land, and upon an account of different items. Defendant denied the matter set out in plaintiff’s claim and account, and filed a cross-demand upon an account for services, cash, etc. Upon a trial to a jury a verdict and judgment for $25 and costs was rendered for plaintiff. An appeal was taken to the circuit court, when the venue was changed to Dubuque county where, upon trial, a verdict of $10 was…
1Opinion of the Court
Beck, Ch. J.—
The only errors assigned are based upon the ground that the verdict is not supported by the evidence and is in conflict with the instructions given to the jury.
While some of ,us would have been better satisfied with a different verdict and would, were we discharging the functions of jurors, upon the evidence before us, be inclined to find for plaintiff, we yet think that the verdict is not without support in the evidence and cannot be regarded as so in conflict therewith, as to indicate that it was the result of passion and prejudice and not the fair and honest expression of the…
2Cited by2 opinions
- McElfresh v. McElfreshSupreme Court of Iowa · 1919
- Slocum v. KnosbySupreme Court of Iowa · 1890