Moody v. Minneapolis & St. Louis Railway Co.
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action to recover double the value of a cow, which was killed by defendant in the operation of its railway, at a point where it had the right to fence its track, but where it had neglected to maintain a fence. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtReed, C. J.
The cause came into this court on the following certificate of the trial judge: “Plaintiff’s cow, being at large in the vicinity of defendant’s unfenced track, strayed upon the track. Defendant’s employes rang the bell, sounded the whistle, applied the brakes, and did all in their power to stop the train, but failed to stop the train, before it struck the cow. Plaintiff, being present, and having the ability to prevent the accident by driving the cow from the track, and having ample time to do so, (speed having been reduced to about two miles per hour), wilfully neglected and refused to take…
2Cases cited3 opinions
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Raridon v. Central Iowa Railway Co.Supreme Court of Iowa · 1885
3Cited by4 opinions
- Shriver v. County Court of Marion CountyWest Virginia Supreme Court · 1910
- Enix v. Iowa Central RailroadSupreme Court of Iowa · 1901
- Stuber ex rel. Stuber v. GannonSupreme Court of Iowa · 1896
- Anderson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1895