Wilson v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Plaintiff brought this action to recover double the value of one colt and two steers, which he alleges were killed by a locomotive aud train of cars on defendant’s railway track at a point where it had the right to fence.
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Appeal from Pottawattamie District Court. Plaintiff brought this action to recover double the value of one colt and two steers, which he alleges were killed by a locomotive aud train of cars on defendant’s railway track at a point where it had the right to fence. It is alleged in the petition that the aggregate value of said animals was $165; also that written notice of the injury was served on defendant; but that it failed and refused, for more than thirty days after the service of said notice, to pay the value of the animals. In its answer defendant denies all the allegations of the…
1Opinion of the CourtReed, J.
By its tender defendant admitted that plaintiff liad a valid cause of action for the amount tendered. Johnson v. Triggs, 4 G. Greene, 97; Brayton v. Delaware Co., 16 Iowa, 44; Phelps v. Kathron, 30 Id., 231; Gray v. Graham, 34 Id., 425. If plaintiff liad elected, when the answer was filed, to accept the amount of the tender, he clearly would have been entitled to judgment for that amount. By the answer, defendant admits that plaintiff is entitled to judgment for $128.50, but by its motion in arrest it denies that he is entitled to judgment for any sum. It cannot be permitted to occupy both of…
2Cases cited1 opinion
- Brayton v. County of DelawareSupreme Court of Iowa · 1864
3Cited by2 opinions
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- Taylor v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1888