Cunningham v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Clarke Circuit Court. Action to recover under tlie statute double the value of a cow killed by a train upon defendant’s road. There was a judgment upon a verdict for plaintiff, Defendant appeals.
1Opinion of the Court
Beck, Ch. J.
I. The amount in controversy being less than $100, the case is brought here for decision upon questions certified by the judge of the circuit, court. These questions involve the correctness of an instruction which is set out in the certificate in the following language: “It would be negligence to run a train at a high rate of speed in view.of the-crossing of a public highway that was known to be frequented by stock, when such high rate of speed would involve additional peril to both train and stock.” Upon inspection of the record, we find the instruction in question in the…
2Cited by2 opinions
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