Rhines v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. L. G. Kinne, Judge. Action to recover double the value of two horses which plaintiff alleges were killed on defendant’s railway track, by a passing train, at a point where it had the right to fence its track against live stock running at large, but where it had failed to maintain a fence suífi-j cient for that purpose. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtReed, J.
1 railroads : deficient fence: stock dence under instructions. — I. The injury occurred in defendant’s yard, at Tama City. The yard was inclosed by a fence, which, as originally constructed, was sufficient to turn live stock. The railway was intersected immediately west of the yard by one Qf ^he streets of the town, and in the original construction of the road a cattle-guard was built in the track at that point, but it was afterwards planked over. An opening, about fifteen feet in width, had also been made in the fence on the north side of the yard some time before the injury, and this…
2Cases cited2 opinions
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Latty v. B., C. R. & M. R'y. Co.Supreme Court of Iowa · 1874
3Cited by19 opinions
- Neal v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- O'Connor v. Chicago, Rock Island, & Pacific Railway Co.Supreme Court of Iowa · 1906
- George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Anderson v. Fort Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1929
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