Selensky v. Chicago Great Western Railway Co.
Supreme Court of Iowa
Appeal from, Bremer District Court. — HoN. Clieeord P. Smith, Judge. AotioN to recover damages for personal injuries received at a highway crossing as the result of a collision with defendant’s train. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtMcOlain, J.
The collision occurred at a grade crossing. Plaintiff relied on evidence that the defendant’s employes were negligent in the operation of the train, in that they failed to give the crossing signals as required by statute. For defendant it was contended that the crossing signals were given, and that plaintiff was not free from contributory negligence; having driven upon the crossing without taking proper precautions to ascertain whether a train was approaching.
The employes of defendant in charge of the train at ■the time of the accident, and other witnesses, testified to hearing the signals,…
2Cases cited11 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Moore v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1897
- Reed v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1888
- Crawford v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mast v. Illinois Cent. R. Co.Court of Appeals for the Eighth Circuit · 1949
- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
- Case v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1910
- Coonley v. LowdenSupreme Court of Iowa · 1944
- Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
18 more not listed; retrieve them via the Exa API.