Kowalski v. Chicago G. W. Ry. Co.
U.S. Circuit Court for the District of Northern Iowa
Action by Frank Kowalski, by Ms next Mend, against the Chicago Great Western Railway Company, submitted on motion for new trial after verdict by a jury in favor of plaintiff.
1Opinion of the Court
SHIRAS, District Judge.
The first question presented hy the motion for a new trial in this cause is whether, ordinarily, the negligence of a parent is to he imputed to his infant child, so as to defeat the right of recovery on behalf of the infant against one whose negligence has caused personal injury to the child. Briefly stated, the facts are as follows: In June, 1896, a collision occurred at a street crossing in the city of Dubuque between a freight train on the defendant’s line of railway and a wagon driven by the father of the infant plaintiff, in which wagon were the parents of the…
2Cases cited5 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- In Re BurrusSupreme Court of the United States · 1890
- Little v. HackettSupreme Court of the United States · 1886
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- Chicago & N. W. Ry. Co. v. NetolickyCourt of Appeals for the Eighth Circuit · 1895
3Cited by10 opinions
- Lindquist v. Des Moines Union Railway Co.Supreme Court of Iowa · 1947
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Cram v. City of Des MoinesSupreme Court of Iowa · 1919
- Markar v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1935
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