Stuber ex rel. Stuber v. Gannon
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Henderson, Judge. Action at law, by Priscilla Stuber, next Mend, to recover damages for injuries done to one Emma Stuber, bv a dog, alleged to belong to defendants. There was a trial to a jury, which resulted in a verdict for defendants. Plaintiff filed a motion for a new trial, which was sustained by the court, and the defendants appeal.
1Opinion of the CourtDeemer, J.
*2291 2 *228The petition recites facts which, if true, would render the defendants liable at common law, for damages done by their dog, and of necessity, *229contains statements which would make them liable under section 1485 of the Code of 1878, which, among other things, provides, that “the owner shall be liable to the party injured, for all damages done by his dog. except when the party is doing an unlawful act.” Evidence was adduced on the trial upon the theory that the plaintiff must negative contributory negligence on the part of the party injured; and the court instructed the jury, in effect, that…
2Cases cited19 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Ruter v. FoySupreme Court of Iowa · 1877
- West v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1887
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1889
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3Cited by8 opinions
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Sanders v. O'CallaghanSupreme Court of Iowa · 1900
- Van Bergen v. EulbergSupreme Court of Iowa · 1900
- Beckler v. MerringerSupreme Court of Iowa · 1906
3 more not listed; retrieve them via the Exa API.