Gardner v. Burlington, Cedar Rapids & Northern R'y Co.
Supreme Court of Iowa
Appeal from Johnson Circuit Court. The plaintiff seeks in this action to recover damages of the defendant, and, as the ground of his claim, he avers, in substance, that, while crossing the defendant’s railroad track with a team of horses and sled, the employes of defendant negligently ran a train of cars against the team and vehicle to which they were attached, and killed one of the horses, seriously injured another, and inflicted upon plaintiff a great personal injury.
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Appeal from Johnson Circuit Court. The plaintiff seeks in this action to recover damages of the defendant, and, as the ground of his claim, he avers, in substance, that, while crossing the defendant’s railroad track with a team of horses and sled, the employes of defendant negligently ran a train of cars against the team and vehicle to which they were attached, and killed one of the horses, seriously injured another, and inflicted upon plaintiff a great personal injury. There was the usual defense, denying the alleged negligence, and averring that the plaintiff has no right to recover,…
1Opinion of the Court
Rotiirook, J".
1. PRACTICE courtp-rim-e and°ooK°<3otiou of record. I. Counsel for appellee attack the record in the case, and they move to dismiss the appeal, and to strike the evidence from the abstract, because they ’ J claim that it was not preserved by a bill of exceptions. They make a number of points nn(jei. these motions. One of the objections is that the service of the notice of appeal is in the handwriting of the deputy clerk of the circuit court. To sustain this objection to the record they have caused the original notice of appeal to be deposited in this court with a certificate of…
2Cases cited1 opinion
- Reed v. C., R. I. & P. R.Supreme Court of Iowa · 1881
3Cited by16 opinions
- Manatt v. ScottSupreme Court of Iowa · 1898
- Hammond v. WolfSupreme Court of Iowa · 1889
- Rance v. GaddisSupreme Court of Iowa · 1939
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
- Tarr v. Oregon Short Line R. R.Idaho Supreme Court · 1908
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