Wall v. Des Moines & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Guthrie District Court.— Hon. A. W. Wilkinson, Judge. Action to recover double tbe value of a colt alleged to have been killed by the defendant in operating its railway at a point where it had a right to fence, but failed to do so. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtRobinson, C. J.
The pleadings and evidence show that on the morning of Sunday, the ninth day of November, 1890, a colt owned by the plaintiff was found dead a few feet from the railway track of the defendant, at a point north of Panora, where the right to fence its right of way existed, but where there was no fence. Nothing in the external appearance, of the colt indicated the cause of its death. Its skin was removed, and a severe bruise on the right shoulder, and a less important one over ■the right hip, were disclosed. The bruise on the shoulder extended below the surface, and a dissection showed that the…
2Cited by11 opinions
- Doherty v. Des Moines, City Railway Co.Supreme Court of Iowa · 1907
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
- Duncan v. GraySupreme Court of Iowa · 1899
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
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