Fisk v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Linn District Cowrt. — Hon. James D. G-iffen, Judge. The plaintiff is the trustee of one A. Bdlton. On the fifteenth day of September, 1885, at the town of Paralta, in Linn county, said Bolton was driving a team of colts on a public highway where the same crossed the defendant’s railway tracks, when the team took fright because of a freight car standing on the track and in the public highway, and ran, throwing Bolton out of the wagon, and against a fence, by…
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Appeal from Linn District Cowrt. — Hon. James D. G-iffen, Judge. The plaintiff is the trustee of one A. Bdlton. On the fifteenth day of September, 1885, at the town of Paralta, in Linn county, said Bolton was driving a team of colts on a public highway where the same crossed the defendant’s railway tracks, when the team took fright because of a freight car standing on the track and in the public highway, and ran, throwing Bolton out of the wagon, and against a fence, by which ■ he was injured. This action is to recover therefor, averring negligence in the defendant company in thus leaving its…
1Opinion of the CourtGranger, J.
1. practice in supreme court: appeal error without prejudice. I. The complaints by the appellant are as to certain instructions given relative to contributory negligence, the submission special interrogatories to the jury, and the admission and exclusion of evidence. The appellee, however, insists that, notwithstanding the errors complained of, the judgment must stand because of the special findings and instructions of which complaint is not made. The only instruction of the series given by the court in which the facts are stated on which recovery can be had by the plaintiff is number 7, as…
2Cases cited1 opinion
- Boyer v. RileySupreme Court of Iowa · 1875
3Cited by6 opinions
- Wilson & Co. v. United Packinghouse Wkrs. of AmericaDistrict Court, N.D. Iowa · 1960
- Schnathorst v. WilliamsSupreme Court of Iowa · 1949
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Richmond v. WhitakerSupreme Court of Iowa · 1934
- Case v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896
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