Bloomfield v. Burlington & Western Railway Co.
Supreme Court of Iowa
Appeal from MahasJca District Court. — -Hon. J. K. . Johnson, Judge. Action at law to recover damages for an injury to the person and property of plaintiff by a collision of, a locomotive engine with a wagon at a street crossing in the city of Oskaloosa. There was a trial by jury, and a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtRotiirock, J.
I. There is no dispute that the collision occurred, and that the plaintiff and his wagon and horse were injured. The question is, did the plaintiff show by the evidence that the injury occurred by reason of the negligence of the defendant’s employes in running the engine, and without contributory negligence on his part ? The case has been tried three times in the court below. At the first trial there was a verdict for the plaintiff, which was set aside. At the second trial the jury failed to agree, and at the trial from which this appeal was taken there was a verdict for the plaintiff for two…
2Cited by18 opinions
- Wilson v. Illinois Central RailroadSupreme Court of Iowa · 1911
- Beemer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1917
- Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
- Powers v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Scott v. HansenSupreme Court of Iowa · 1940
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