Robinson v. Bacon
Supreme Court of Iowa
Appeal from Muscatine District Court. Plaintiff seeks to recover for the value of a horse, which he charges died from eating corn, carelessly and negligently left by defendants exposed on the common, in the village of Wilton, etc.
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Appeal from Muscatine District Court. Plaintiff seeks to recover for the value of a horse, which he charges died from eating corn, carelessly and negligently left by defendants exposed on the common, in the village of Wilton, etc. Answer in denial— also alleging that defendants were dealers in grain; that they stored their corn in cribs on their own lot; that many other grain dealers stored in the same way in cribs on nninclosed lots; that of this plaintiff had knowledge; that he turned his horses out, contributed to his own injury, etc. Trial — verdict for plaintiff — motion in arrest and…
1Opinion of the CourtWright, J.
The grounds of the motion for a new trial, etc., were,^hat the evidence did not justify the verdict ; that the verdict was against the law; and that the petition did not contain a good cause of action. Upon what ground it was sustained does not appear.
With the order appealed from we shall not interfere. The court below, with all the facts before it, has, in a case peculiar in its character — in. which there was a mass of somewhat conflicting evidence, in the exercise of a sound discretion, granted a new trial, and no case can be found in all the prior decisions of this court, where, under…
2Cases cited1 opinion
- Cook v. SypherSupreme Court of Iowa · 1856
3Cited by2 opinions
- Anthony v. EddySupreme Court of Kansas · 1869
- Halpin v. NelsonSupreme Court of Iowa · 1888