Flattes v. The Chicago, Rock Island & Pacific R. R.
Supreme Court of Iowa
Appeal from Johnson Cvreuit GovH. Action to recover the value of a cow killed by defendant’s locomotive and train. Jury trial. Special verdict. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtDay, J.
The jury, amongst other special findings, returned the following: “ The cow was killed through the gross negligence of the defendant’s employees.”
The defendant moved the court to set aside this finding *192upon the ground that it was against the evidence. This motion was overruled. The ruling is assigned as error.
Considered in the light most favorable to plaintiff the evidence establishes the following facts: The injury complained of occurred at Downey Station. Upon the day of the injury the defendant’s gravel train, consisting of eighteen to twenty cars, loaded with sand, started west from…
2Cases cited2 opinions
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
- Pittsburgh, Fort Wayne, & Chicago Railroad v. KarnsIndiana Supreme Court · 1859
3Cited by7 opinions
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
- Lawrence v. Heidbreder Ice Co.Missouri Court of Appeals · 1906
- McKonkey v. C., B. & Q. R. Co.Supreme Court of Iowa · 1875
- Toudy v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886
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