Funston v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Jefferson Circuit Coxvrt. There are two counts in the petiton. Tlie first states that the plaintiff was “in the act of crossing defendant’s railroad trade with team and wagon, on tlie highway, and, without negligence on his part, and by the negligence of the defendant in not giving the proper signals when approaching said highway with locomotive and cars, your petitioner was injured by said locomotive running into his wagon, upsetting and breaking the same, and…
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Appeal from Jefferson Circuit Coxvrt. There are two counts in the petiton. Tlie first states that the plaintiff was “in the act of crossing defendant’s railroad trade with team and wagon, on tlie highway, and, without negligence on his part, and by the negligence of the defendant in not giving the proper signals when approaching said highway with locomotive and cars, your petitioner was injured by said locomotive running into his wagon, upsetting and breaking the same, and the harness upon his horses, injury and damage to his horses, breaking the thigh, and otherwise injuring and mutilating…
1Opinion of the CourtSbevers, J.
— There was evidence tending to show that when the railroad was constructed there was a cut made and earth thrown up at and near the place where the highway was crossed, and, because of the matters just stated, the view of an approaching train on the railroad was to some extent, at least, obstructed. The plaintiff was passing along the;highway seated in a wagon and driving two horses. He was approaching the crossing. In front of him wras a wagon and team driven by one Noble. There was a descent to and an ascent from the track. Noble, when near the track, stopped liis team and waited until a…
2Cases cited9 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Cooper v. Central RailroadSupreme Court of Iowa · 1876
- Marquette, Houghton & Ontonagon Railroad v. KirkwoodMichigan Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
- Willfong v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1902
17 more not listed; retrieve them via the Exa API.