Scott v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Plymouth District Court. Action to recover damages for cattle killed and injured by a train on defendant’s road at a place where the right to fence existed, and also because the train was negligently operated, whereby said cattle were killed and injured. Trial by jury. 'Verdict and judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
Seevers J.
i. peeadtng: action in one count: .waiver: evidence: I. The petition stated a cause of action grounded on the facts that the cattle were running at large, and were killed by a train on the defendant’s road at a point were the right to fence existed; x 0 ' and a recovery was also sought because oi the negligent and careless manner in which said defendant operated said line of railroad * * * at a place where it was the right and duty of the said defendant to erect a fence. It is also stated in the petition that the plaintiff was in no manner negligent, and that he did not contribute…
2Cited by4 opinions
- Johnson Ex Rel. Johnson v. McVickerSupreme Court of Iowa · 1933
- Thordson v. McKeighanSupreme Court of Iowa · 1944
- Connyers v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1889
- Swanson v. Ft. Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1911