Gordon v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action at law to recover damages for personal injuries received by William F. Gordon, deceased, while in the employ of the defendant company. The action was commenced by the deceased during his lifetime; but during its pendency he died, and his administratrix was substituted as plaintiff. Trial to a jury, verdict and judgment for plaintiff in the sum of $3,850, and defendant appeals.
1Opinion of the CourtDeemer, J.
This is the third time the case has been before us. Former opinions will be found in 129 Iowa at page 747, and 146 Iowa at page 588. The facts are fully recited in these opinions and need not be repeated at this time.
1. Actions: substitution of parties: what law governs. One question now presented for the first time is the effect to be given the death of Gordon after the commencement of his suit. For defendant, it is contended that, as the cause of action arose in Indian Territory, Gordon’s death had the effect to abate . , the action, and that there can be no recov ery of damages, for the…
2Cases cited16 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
- Baltimore & Ohio Railroad v. JoySupreme Court of the United States · 1899
- Alsever v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1902
- Dalton v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grant v. McAuliffeCalifornia Supreme Court · 1953
- Evans v. RobertsSupreme Court of Iowa · 1915
- Lawson v. FordyceSupreme Court of Iowa · 1945
- In re the Estate of KilloughNew York Surrogate's Court · 1933
- Heavilin v. WendellSupreme Court of Iowa · 1932
9 more not listed; retrieve them via the Exa API.