Kyser v. K. C., St. J. & C. B. R.
Supreme Court of Iowa
Appeal from Pottawattamie Ci/rcuit Court. Action commenced before a justice of the* peace to recover double the value of a cow killed -by a train of cars upon defendant’s railroad. The cause was appealed ■ to the Circuit Court, where a verdict and judgment were had for plaintiffs, for double the value of the cow. Defendant appeals. The facts of the case involved in the points ruled appear in the opinion.
1Opinion of the CourtBeck, J.
1. RAILROADS : ■ sioolt^evidence. I. Tlie evidence in the court below establishes that the plaintiff served upon the agent of defendant a notice and an affidavit, showing the destruction of the . ; cow- ^11 al®davit an(l notice, introduced in evidence, were shown to be similar to the paper served on the agent. The plaintiff, it seems, signed and was sworn to two papers, embodying the notice and affidavit required by the statute in such cases. One of them was served upon the agent, the other introduced in evidence. The proof shows that these several papers were similar/ it does not show that…
2Cases cited4 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
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
- Cleaveland v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
3Cited by2 opinions
- Seiler v. Economic Life Ass'n of ClintonSupreme Court of Iowa · 1898
- Beaudin v. Oregon Short Line RailroadMontana Supreme Court · 1904