Livingston v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Jones Dislrici Court. — Hon. B. H. Miller, Judge. Suit to recover for cattle killed at a private crossing. There was a directed verdict for the plaintiff, and from a judgment thereon the defendant appeals.
1Opinion of the CourtSherwin, J.
Plaintiff is the owner of a tract of land crossed by the defendant’s railroad. He acquired title thereto as one of the heirs of his father, John F. Livingston, and by purchase from other heirs. In 1874 the father, John F.. Livingston, made a contract in writing with the defendant, which recited that in 1870 the said Livingston and the Iowa Midland Railway Company had entered into a written agreement, whereby said company agreed to construct two farm crossings and one underground cattle pass on the land in question; that the cattle pass had not. been constructed as agreed, in consequence of…
2Cases cited21 opinions
- McCullough v. VirginiaSupreme Court of the United States · 1898
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- United States v. HodsonSupreme Court of the United States · 1870
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- St. Louis, Iron Mountain & Southern Railway Co. v. MatthewsSupreme Court of Arkansas · 1897
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3Cited by6 opinions
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- City of Santa Fe v. First Nat. Bank in RatonNew Mexico Supreme Court · 1937
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