Breneman v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Louisa District Court. — Hon. A. R. Dewey, Judge. Action to recover double damages for a heifer killed on defendant’s line of road in May, 1892. The court directed the jury to return a verdict for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
The amount in controversy being less than one hundred dollars, the trial court certified the following questions of law, as being involved in the ease, upon which it is desirable to have the opinion of the court, to wit: “Mrst. The defendant having made and maintained an open, adequate crossing, with proper fences on each side of the same, for the accommodation and use of a person and his family, whose only means of reaching a public highway was over and through this crossing, and for others in going to and from their timber lands from the public highway, and the same having been maintained…
2Cases cited2 opinions
- Pickrell v. HiattSupreme Court of Iowa · 1890
- Parker & Childs v. MichaelsSupreme Court of Iowa · 1888
3Cited by1 opinion
- Benge Bros. v. EppardSupreme Court of Iowa · 1899