Bothwell v. C., M. & St. P. R.
Supreme Court of Iowa
Appeal from Jones District Court. This is an action to recover the value of two colts which it is alleged were killed by being run over by one of defendant’s trains. There was a trial by jury. At the close of the introduction of the plaintiff’s evidence the court, on motion of the defendant, directed the jury to return a verdict for the defendant. Plaintiff appeals.
1Opinion of the CourtRothrock, J.
The plaintiff owns a farm through which defendant’s road passes in such a manner that there is a field or pasture of five or six acres on the north side of the road. The road is fenced through the farm and there is a private crossing, and two gates, one on the north and one on the south side^of the track, erected and maintained for the convenience of the plaintiff, in the use of her land on the north side of the road. The gate on the north side opened into the pasture; it did not turn or swing into the right of way of the road. On the morning of October 11, 1881, the gate was open some two or…
2Cases cited1 opinion
- McKinley v. C., R. I. & P. R.Supreme Court of Iowa · 1877
3Cited by14 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Gardner v. SeymourWashington Supreme Court · 1947
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1903
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