Legal Opinion

Anderson v. United States Railroad Administration

Supreme Court of Iowa

Decided June 23, 1922PublishedCited by 9 opinions

Appeal from Benton District Court. — B. F. Cummings, Judge. Action to recover damages for injury to an automobile owned by plaintiff, caused by collision between the automobile, driven by the wife of plaintiff, and one of the trains of the Chicago, Rock Island & Pacific Railway Company, under the operation of the director general of railroads, in the town of Garrison, Iowa, on the 29th day of July, 1919. The jury returned a verdict in favor of plaintiff for $1,000, and…

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Appeal from Benton District Court. — B. F. Cummings, Judge. Action to recover damages for injury to an automobile owned by plaintiff, caused by collision between the automobile, driven by the wife of plaintiff, and one of the trains of the Chicago, Rock Island & Pacific Railway Company, under the operation of the director general of railroads, in the town of Garrison, Iowa, on the 29th day of July, 1919. The jury returned a verdict in favor of plaintiff for $1,000, and judgment was entered thereon. Defendant appeals. —

1Opinion of the CourtArthur, J.

— While the automobile in question was being driven across the railroad track in the town of Garrison, it was struck by one of defendant’s trains, and sustained the damages sued for. Two grounds of negligence were alleged, and both were submitted to the jury: (1) That the defendant failed to blow the whistle or ring the bell, or give any signal of the approach of the train at the crossing; and (2) that the defendant had blocked the highway with box cars, which entirely obscured the view of the driver of the automobile.

The tracks of the Rock Island Railroad Company entering the town of…

2Cases cited2 opinions

  1. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1912
  2. Pugh v. Queal Lumber Co.Supreme Court of Iowa · 1922

3Cited by9 opinions

  1. Langham v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1926
  2. Shaw v. Soo Line RailroadSupreme Court of Iowa · 1990
  3. Bannister v. Illinois Central RailroadSupreme Court of Iowa · 1925
  4. Adams v. Bell Motors, Inc.Louisiana Court of Appeal · 1928
  5. Sterlane v. FlemingSupreme Court of Iowa · 1945

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