Murphy v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Polk Circuit Court. This is an action to recover damages for the death of John Murphy, alleged to have been caused by'the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the injury complained of was contributed to and caused by the carelessness and negligence of the deceased.
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Appeal from Polk Circuit Court. This is an action to recover damages for the death of John Murphy, alleged to have been caused by'the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the injury complained of was contributed to and caused by the carelessness and negligence of the deceased. When the plaintiff had produced his testimony and rested his case, the defendant moved the court to direct the jury to 'find for the defendant, for the reasons, amongst others, that there is no evidence showing, or tending to show, that at the time of…
1Opinion of the CourtDay, J.
The testimony, in connection with the plat, introduced by plaintiff, establishes substantially the following facts:
John Murphy, plaintiff’s intestate, at the time of his death, and ever since defendant’s road was built through Des Moines, where the accident occurred, resided at the corner of Market and Tenth streets, within a few feet of the defendant’s road, which runs in a direction almost east and west across the rear end of the lot on which the deceased resided. From the deceased’s residence to the depot, three blocks west, the road is entirely straight, with a down grade most of the way…
2Cases cited2 opinions
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Mathews v. StephensSupreme Court of Iowa · 1874
3Cited by10 opinions
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Richards v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1890
- Magee v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Farley v. C., R. I. & P. R.Supreme Court of Iowa · 1881
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