Henderson v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Polk District 0owrt. Action to recover double the value.of a mare killed on the ■defendant’s road- in August, 1872. Jury trial, verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtSeevers, J.
This is the third time this cause has been before this court. It will be found reported in 39 Iowa, 220, and 43 Id., 621, where will be found a pretty full statement of the facts. The evidence on all these trials was the same ■except as herein otherwise appears.
We judge from the abstract and concessions of counsel that the evidence on the first trial was taken down and extended by the short-hand reporter, and the same was on each subsequent trial read to the jury.
The fact that the mare was killed by a train on the defendant’s road has at no time been controverted, but whether the ■defendant…
2Cases cited3 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Spinner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Henderson v. C. R. I. & P. R.Supreme Court of Iowa · 1874
3Cited by2 opinions
- Miller v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Alabama & Vicksburg Railway Co. v. LigonMississippi Supreme Court · 1896