Donaldson v. Mississippi & Missouri Railroad
Supreme Court of Iowa
Appeal from Johnson District Court. This is an' action to recover damages for the death of-plaintiff’s intestate, alleged to have been produced by the wrongful act of the defendant: The testimony is voluminous and conflicting.
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Appeal from Johnson District Court. This is an' action to recover damages for the death of-plaintiff’s intestate, alleged to have been produced by the wrongful act of the defendant: The testimony is voluminous and conflicting. The facts established, and which are necessary to properly present • the. questions determined, may be stated-in substance -as follows: On August 16, I860,-the deceased and his. partner, who were sub-contractors for the building of one or more'bridges'for defendant, had been'engaged, with-others in their employ, loading bridge timbers on defendants’' cars at the depot…
1Opinion of the CourtCole, J.
1. Corporation: wrongful acts. I. At common law, no right of action for the recovery of damages existed against one who had caused death of another. This rule was founded partly upon the theory that the civil remedy wa3 merged in the public offense. Our statute has changed this rule, and provides (Rev., § 4110 [2500]), “ the right of civil remedy is not merged in a public offense, but may, in all cases, be enforced independently of, and in addition to, the punishment of the latter.” Rev., §4111 (2501): “ "Where a wrongful act produces death, the perpetrator is civilly liable for the injury *…
2Cases cited6 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Gillenwater v. Madison & Indianapolis RailroadIndiana Supreme Court · 1854
- Thayer v. St. Louis, Alton & Terre Haute R. R.Indiana Supreme Court · 1864
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Wardlow v. City of KeokukSupreme Court of Iowa · 1971
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
61 more not listed; retrieve them via the Exa API.