Haley v. Chicago & North Western Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. This is a suit to recover of tbe defendant damages for the wrongful treatment and negligent conduct of its servants, whereby the death of one James Bogus was' occasioned.- ■ ■ The gravamen of the charge as laid in the petition is, that in September, 1864, Bogus was a passenger on one of the cars then running; that he was forcibly ejected therefrom at a time when he was of unsound mind and intoxicated, and was so injured that he was…
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Appeal from Clinton District Court. This is a suit to recover of tbe defendant damages for the wrongful treatment and negligent conduct of its servants, whereby the death of one James Bogus was' occasioned.- ■ ■ The gravamen of the charge as laid in the petition is, that in September, 1864, Bogus was a passenger on one of the cars then running; that he was forcibly ejected therefrom at a time when he was of unsound mind and intoxicated, and was so injured that he was incapable of exercising any care of himself, which defendant well knew; and in this condition was left on the track of the…
1Dissent
Wright, J.,
_in_ andverf8 dl0t’ dissenting. —It is in effect conceded by the foregoing opinion, that there was no error in the instructions given to the jury by the court below. Indeed appellant’s counsel complain of but three instructions, and no part of the majority opinion holds these to be erroneous. The case is reversed, however, as I understand, upon -the ground that the “ charge lacked definiteness,” upon the question of “ the proximate and remote causes of the injury to Rogus.” Or, as the ground is stated in the conclusion, the object in granting *27“ a new trial is, tliat the questions…
2Cases cited2 opinions
- Ault v. SloanSupreme Court of Iowa · 1857
- Mullin v. BloomerSupreme Court of Iowa · 1860