Boyer v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. M. A. Roberts, Judge. Action to recover damages in double the value of a mare belonging to plaintiff, and killed on the right of way of the defendant company by a passing train. There was a jury trial, and verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtBishop, J.
The defendant does not question the right of plaintiff to recover in this action the reasonable value of the mare killed. The grounds for reversal contended for are: (1) That a recovery of double damages should not have been allowed, for that the notice in writing given to defendant under Code, section 2055, was erroneous in the statement made of the facts, and misleading; and such notice could not, therefore, be made the basis of a double recovery. (2) That the court erred in allowing proof, as affecting the measure of recovery, of the fact that the mare killed was with foal, for that the…
2Cases cited7 opinions
- Pelamourges v. ClarkSupreme Court of Iowa · 1859
- Thompson v. AndersonSupreme Court of Iowa · 1895
- Rhines v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Hopkins Fine Stock Co. v. ReidSupreme Court of Iowa · 1898
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