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Richards v. Anderson Erickson Dairy Co.7/8/2005
pon the general venue statute. Id. That is, the mere fact the common carrier is suable in any county where its tracks run does not trump the right of other Iowa residents-defendants to have the trial held in a county where at least one of them resides. See id. In harmonizing the two statutes in this way, we emphasized that venue statues are statutes of convenience and must be construed to effectuate the same. See id. at 411, 210 N.W. at 564 (noting "it was undoubtedly as convenient" for the railroad to have the case tried in Appanoose County as in Clarke County).
Nickell II
We further explained and reaffirmed our holding in Nickell I the next year in Hinchcliff v. Dist. Ct., 204 Iowa 470, 215 N.W. 605 (1927) ("Nickell II"), a subsequent appeal taken from the same case. See Recent Cases, 13 Iowa L. Rev. 217, 230-31 (1928) (digesting Nickell I and II). After we decided Nickell I, on remand the district court ordered the entire case transferred to Appanoose County. Nickell II, 204 Iowa at 471, 215 N.W. at 605. The plaintiff objected. Id. Although the plaintiff admitted transfer of the case was proper as to the engineer, he resisted transfer of the railroad company. Id.
In Nickell II, we reaffirmed our holding in Nickell I and again ordered the entire case transferred to Appanoose County. Id. at 472-73, 215 N.W. at 605-06. In doing so, we further explained our reasoning in Nickell I. We reiterated transfer of the case as to the engineer was proper because of the distinction between suability and residence, i.e., the common carrier statute did not make the railroad a "resident" of Clarke County to satisfy the engineer's right under the general venue statute to have the case tried where at least one Iowan-defendant resided. See id. The engineer was therefore entitled to have the case transferred to Appanoose County. As for the railroad company, we held that once it was determined the engineer was entitled to a transfer to Appanoose County, the entire case should be moved there for the sake of convenience. See id. (citing the principle that " case should be, if possible, kept together, and find disposition on one trial" and noting it was equally convenient for the railroad to try the case in either venue).
When reading Nickell I and II together, it becomes manifest that it was the engineer's interest to be sued in his county of residence that controlled the analysis in Nickell I. Put simply, Nickell I held that Iowa Code section 616.8 does not fall within the "except as otherwise provided" proviso of section 616.18 when the plaintiff also sues other Iowa residents. See also Halse v. La Crescent Grain Co., 231 Iowa 231, 235, 1 N.W.2d 202, 204 (1941) (adhering to Nickell I and II on analogous facts).
In light of Nickell I and II, it is clear in the case at bar that venue was not proper in Johnson County. AE was suable in Johnson County but not a resident thereof. Link was entitled to have the case moved to a proper venue. Iowa R. Civ. P. 1.808. As indicated, venue was proper in either Polk or Story counties, the counties wherein at least one defendant was resident, as well as Grundy County because the injury was allegedly sustained there. Iowa Code §§ 616.17, .18; see also Tull, 469 N.W.2d at 686. Therefore the district court did not err when it moved the entire case to Grundy County. Iowa Code § 616.18; see Halse, 231 Iowa at 235, 1 N.W.2d at 204; Nickell II, 202 Iowa at 472-73, 210 N.W. at 605-06; Nickell I, 202 Iowa at 411, 210 N.W. at 564.
Reaffirming Statutes of Convenience To overrule Nickell I and II after nearly eight decades would frustrate legislative intent in two respects. First, the legislature's silence over the years is evidence of its
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