Eslich v. Mason City & Fort Dodge Railway Co.
Supreme Court of Iowa
Appeal from, Webster District Court. — Hon. S. M. Weaver, Judge. Plaintiffs own a tract of land in Lehigh, on which is situated a two-story building. The lower story is used for business purposes, and the second story as a residence. Defendant constructed its railway in the street upon which the property abuts, and this action was brought for the recovery of damages for the injury to • the property occasioned thereby. There was' a verdict and judgment for plaintiffs.
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Appeal from, Webster District Court. — Hon. S. M. Weaver, Judge. Plaintiffs own a tract of land in Lehigh, on which is situated a two-story building. The lower story is used for business purposes, and the second story as a residence. Defendant constructed its railway in the street upon which the property abuts, and this action was brought for the recovery of damages for the injury to • the property occasioned thereby. There was' a verdict and judgment for plaintiffs. Defendant appeals.
1Opinion of the CourtReed, J.
1. Pleading: amendment: discretion of court. 2. _: amendment to petition: admission by failure to answer. *4463. evidence: secondary: on point not in issue. *445— I. It was not alleged in the original petition that Lehigh is incorporated. During the progress of the trial plaintiff was permitted, over defendant’s objection, to file an amend-ment alleging that the town is incorporated. No answer was filed to that amendment, and the court instructed that the incorporation of the town was admitted. These rulings are assigned as error. The statute under which the action was brought (Code, sec. 464) affords…
2Cases cited1 opinion
- Cain v. C., R. I. & P. R.Supreme Court of Iowa · 1880
3Cited by4 opinions
- Long v. ValleauSupreme Court of Iowa · 1893
- North Arkansas & Western Railway Co. v. ColeSupreme Court of Arkansas · 1902
- Stewart v. American Exchange National BankNebraska Supreme Court · 1898
- Georgia-Pacific Corp. v. MillerOregon Supreme Court · 1956