Parkhill v. Bekin's Van & Storage Co.
Supreme Court of Iowa
Appeal from, Woodbury District Court. — Hon. David Mould, Judge. Action at law to recover damages for personal injuries received by plaintiff while in defendant’s employ, due to the fact that defendant furnished plaintiff a defective truck with which, to work Defendant denied the negligence charged, pleaded assumption of risk and contributory negligence, and also the statute of limitations.
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Appeal from, Woodbury District Court. — Hon. David Mould, Judge. Action at law to recover damages for personal injuries received by plaintiff while in defendant’s employ, due to the fact that defendant furnished plaintiff a defective truck with which, to work Defendant denied the negligence charged, pleaded assumption of risk and contributory negligence, and also the statute of limitations. Upon the. issues joined, the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals. —
1Opinion of the CourtDeemer, C. J.
i limitation “commence-: tíon?'w2ata°" constitutes. — The first question which we shall determine arises upon defendant’s answer pleading the statute of limitations. An original notice was placed in the hands of one Montgomery, who served the same upon the defendant on September 24, 1913. In this n°tice, it was stated that a petition would be on j=qe on or pefore December 26th of the same year, claiming damages by reason of an injury received by plaintiff during the month of June, 1912, due to the defendant’s negligence. The notice also stated: “For further particulars, see petition which…
2Cases cited13 opinions
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Vannest v. MurphySupreme Court of Iowa · 1907
- Lynn v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1905
- Flanagan v. Baltimore & Ohio RailroadSupreme Court of Iowa · 1891
- Anderson v. Illinois Central RailroadSupreme Court of Iowa · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Elsea v. Broome Furniture Co.New Mexico Supreme Court · 1943
- Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- State v. BrooksSupreme Court of Iowa · 1917
- Calkins v. SandvenSupreme Court of Iowa · 1964
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