Schmid v. Humphrey
Supreme Court of Iowa
Appeal from Fayette Circuit Coiwt. This action was brought to recover damages for injuries reeived by plaintiff while traveling on a highway, by reason of the defendant’s dogs scaring a horse attached to a buggy in which the plaintiff was riding, and the plaintiff, being frightened by the running and kicking of the horse, jumps d from the buggy and was greatly injured.
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Appeal from Fayette Circuit Coiwt. This action was brought to recover damages for injuries reeived by plaintiff while traveling on a highway, by reason of the defendant’s dogs scaring a horse attached to a buggy in which the plaintiff was riding, and the plaintiff, being frightened by the running and kicking of the horse, jumps d from the buggy and was greatly injured. In addition to a general denial the defendant pleaded that “plaintiff was, while riding, * * * at said time unlawfully engaged in labor on the Sabbath, and that said labor was not of necessity or charity.” There was a jury…
1Opinion of the CourtSeevers, J.
1. DAMAGES S hofsef'wofk on Sunday. I. The court instructed the jury as follows: “If you find the plaintiff otherwise entitled to recover you are instructed that the fact the accident occurred on Sunday, while the plaintiff was riding on a businegg wni not defeat his right to recover. ”
The statute provides: “If any person be found on the first day of the week, commonly called Sabbath, engaged in any riot, fighting, or offering to fight, or hunting, shooting, carrying fire-arms, fishing, horse-racing, dancing, or in any manner disturbing any worshiping assembly or private family, or in buying…
2Cases cited6 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Hooker v. MillerSupreme Court of Iowa · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Carlson v. MeusbergerSupreme Court of Iowa · 1925
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
- Sink Ex Rel. Pullen v. MooreSupreme Court of North Carolina · 1966
- Matthes v. Imperial Accident Ass'nSupreme Court of Iowa · 1900
14 more not listed; retrieve them via the Exa API.