Payne v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Madison District Oourt. Action to recover for personal injuries sustained at a highway crossing on defendant’s road. The answer contains ageneral denial of the allegations of the petition, and alleges that the accident was occasioned by the gross negligence of the plaintiff and without fault of defendant. There was a jury trial, and a verdict and judgment for plaintiff for $10.000. Defendant appeals.
1Opinion of the Court
' Day, J.
Early in the morning of the 15th of February, 1872, the plaintiff, and three of his neighbors, William Eamsey, W. A. Lemon and James Blanchard, started in.an open two horse wagon from Palmyra, in Warren county, to Des Moines, distant twenty miles, where they arrived at 11 o’clock, a. m. The team and wagon belonged to none of the parties, *524but they were under the control of Blanchard. ' The parties remained in Des Moines four hours, and started for home at 3 o’clock, p/m. driving by turns. The wagon was loaded with a barrel of oil, canned peaches and oysters, candy, wagon tiim her and…
2Cases cited1 opinion
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
3Cited by24 opinions
- Lindquist v. ThiermanSupreme Court of Iowa · 1933
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
- Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
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