Eshelman v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. Action to recover for certain cattle killed by a train upon defendant’s railroad, at a place where the right to, fence existed. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, Oh. J.
I. The record shows that after the evidence and arguments of counsel were submitted to the jury upon Saturday, they were permitted to separate until Monday, when it appeared that one of them was sick and unable to attend court. Thereupon the sick juror was discharged, and the court, against defendant’s objection, submitted the cause to the remaining eleven jurors.- This is now complained of as error.
1. jubv :not tweivaef code, fuUouaiRyf1 II. The jury contemplated by the constitution is the jury recognized by the common law, which is constituted of twelve persons. In securing the…
2Cases cited1 opinion
- Cowles v. BuckmanSupreme Court of Iowa · 1858
3Cited by6 opinions
- State v. WalkerSupreme Court of Iowa · 1921
- Pitcher v. Lakes Amusement Co.Supreme Court of Iowa · 1975
- Conners v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
- State v. BelvelSupreme Court of Iowa · 1893
- Kelsh v. Town of DyersvilleSupreme Court of Iowa · 1885
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