Stanley v. City of Davenport
Supreme Court of Iowa
Appeal from Scott Gvrcuit Oov/rt. The petition states that the plaintiff, while driving a horse harnessed to a wagon along and upon a street in the city, and without fault and negligence on her part, was violently thrown from the wagon by reason of the horse talcing fright at a steam motor there being used on said street under the authority and permission of the defendant. It is alleged the plaintiff was greatly injured, and a recovery therefor is sought.
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Appeal from Scott Gvrcuit Oov/rt. The petition states that the plaintiff, while driving a horse harnessed to a wagon along and upon a street in the city, and without fault and negligence on her part, was violently thrown from the wagon by reason of the horse talcing fright at a steam motor there being used on said street under the authority and permission of the defendant. It is alleged the plaintiff was greatly injured, and a recovery therefor is sought. There were two counts in the petition. To the first there was'a demurrer, which was sustained, and the plaintiff excepted, and refusing to…
1Opinion of the Court
Seevers, J.-
1. practice pj-emeScourt: missal ¿f. I. The appellee insists because no judg ment was rendered on the motion, other than merely sustaining N and striking out the allegations objected to that the appeal must he dismissed. It is conceded an appeal lies from the ruling on the demurrer, but it is stated and admitted in the abstract that the cause if pending and for trial in the court below on the remaining cause of action in the second count. The argument, briefly *465stated, is that an action cannot be pending in this court and the court below at the same time. While here, the cause may…
2Cases cited6 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Milhau v. . SharpNew York Court of Appeals · 1863
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Chicago, Newton & Southwestern Railroad v. Mayor of NewtonSupreme Court of Iowa · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
- Detroit City Railway v. MillsMichigan Supreme Court · 1891
- Quinn v. BaageSupreme Court of Iowa · 1907
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
27 more not listed; retrieve them via the Exa API.