Cole v. C. & N. W. R. R.
Supreme Court of Iowa
Appeal from Harrison Ci/rcuit Court. This action is brought to recover double the value of a colt killed by the engine and train of the defendant near Woodbine.
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Appeal from Harrison Ci/rcuit Court. This action is brought to recover double the value of a colt killed by the engine and train of the defendant near Woodbine. The colt was killed May 28th, 1870, and the^jplaintiff averred that he served the affidavit and notice of loss, as provided by statute, on the defendant’s agent, July 14th, 1870, and defendant had failed and refused to pay the value, $100. The defendant denied the allegations of plaintiff, and averred that the colt was killed on the depot grounds of defendant and without its fault. The case was ti-ied to a jury; verdict and judgment…
1Opinion of the CourtCole, J.
1.bailkoads: ages*:®affltial Vlt2. pbacticb: ciency ¿f. — I. The error first assigned relates to the sufficiency of the notice and affidavit of loss, and service thereof. The notice stated that, “on etc., your train ran over a co^ belonging to me; * * * * now unless you pay the value thereof, etc.” The affidavit stated, “ that the train of cars going east * * * * did run over and destroy a colt belonging to your affiant of the value of one hundred dollars,” etc. These ai’e sufficient “ to enable a person of common understanding to know what is intended.” Annexed to the copy of the affidavit…
2Cases cited2 opinions
- Comstock v. Des Moines Valley R. R.Supreme Court of Iowa · 1871
- McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870
3Cited by4 opinions
- Benton v. Mutual of Omaha Insurance Co.Court of Appeals of Minnesota · 1993
- Kansas Pacific Railway Co. v. BallSupreme Court of Kansas · 1878
- Peyton v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Chicago, South Bend & Southern Indiana Railway Co. v. NessIndiana Court of Appeals · 1914