Baldwin v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from the Museatine District Court. This action was brought in the Muscatine district court, to recover damages for an injury occasioned to plaintiff, (Bashalia Baldwin,) from the negligence and carelessness of the servants and agents of said defendant.
Read the full summary
Appeal from the Museatine District Court. This action was brought in the Muscatine district court, to recover damages for an injury occasioned to plaintiff, (Bashalia Baldwin,) from the negligence and carelessness of the servants and agents of said defendant. The petition charges, that said company was, at the time of said injury, the owner of a railroad located in this state, running from Davenport to Iowa City, and was then and there engaged in running a certain train of cars on said road. It also charges, that-the said Bashalia was injured in the said county of Muscatine. The notice was…
1Opinion of the CourtWright, C. J.
Had the plaintiffs a right to bring their action in Muscatine county? is the only question presented for our determination. And this question we must answer in the affirmative. If section 1705 of the Code, refers to such a case as the. one before us, it by no means follows, that a party may not bring his action in some county, other than that where the office or agency of the corporation is situated. This section, it has heretofore been said, is permissive, and not mandatory. The plaintiff may sue in such county, or is at liberty to pursue the usual and general course. Dean v. White & Haight,…
2Cited by14 opinions
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- Charles Friend & Co. v. Goldsmith & Seidel Co.Illinois Supreme Court · 1923
- Slavens v. South Pacific RailroadSupreme Court of Missouri · 1873
- Pennsylvania Co. v. SloanAppellate Court of Illinois · 1878
- State Ex Rel. Northwestern Land & Colonization Co. v. District Court of Winnebago CountySupreme Court of Iowa · 1921
9 more not listed; retrieve them via the Exa API.