McCormick v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Louisa Ci/rcmt Court. Action to recover for injury to the plaintiff’s hogs by running over them, and for injury to his grass, fence and corn by setting out a fire whereby the same were burned, which injury was done, in part, prior to the act in relation to setting out fires. Code, § 1289. The facts are stated in the opinion. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtAjdams, J.
1. practice in court:Pass?i?npractico®1101' I. Previous to the trial an offer of judgment was made by the defendant under section 2900 of the Code. Upon the trial the fact of the offer and the amount. offered were mentioned to the jury and commented upon by the plaintiff’s counsel. The defendant’s counsel interposed an objection, and the court instructed the jury to disregard the statement. It is evident that after the fact of the offer and the amount thereof had been communicated to the jury no instruction of the court could remove from their minds the knowledge thus acquired. The defendant…
2Cases cited1 opinion
- Kesee v. Chicago & N. W. R. R.Supreme Court of Iowa · 1870
3Cited by3 opinions
- Betts v. City of GlenwoodSupreme Court of Iowa · 1879
- Escher v. Carroll CountySupreme Court of Iowa · 1913
- Chicago, R. I. & P. Ry. Co. v. PitchfordSupreme Court of Oklahoma · 1914