Moore v. Keokuk & Western Railway Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. W. I. Babb, Judge. The plaintiff states as his cause of action that on October 20, 1890, while deceased was using due care, the defendant negligently ran a train of cars and engine against the deceased, whereby he was killed; that the defendant was not only negligent in operating said train, but did, at the time, maintain a defectively construeted highway crossing. The plaintiff asks judgment for ten thousand dollars.
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Appeal from Appanoose District Court. — Hon. W. I. Babb, Judge. The plaintiff states as his cause of action that on October 20, 1890, while deceased was using due care, the defendant negligently ran a train of cars and engine against the deceased, whereby he was killed; that the defendant was not only negligent in operating said train, but did, at the time, maintain a defectively construeted highway crossing. The plaintiff asks judgment for ten thousand dollars. The defendant answered, denying generally, and. upon these issues the case was tried to a jury, resulting in a verdict and judgment…
1Opinion of the CourtGtiven, J.
1. Negligence: verdict!8' I. At the close of' the evidence on behalf of the plaintiff the defendant moved to take the CaS6 fl’Om the jury Upon tWO gl’OUlldS, namely, because no damage to the estate of deceased had been shown, and because the evidence showed that the deceased was guilty of negligence directly contributing to the cause of his death. The motion was overruled, to which the defendant excepted. These questions were preserved in' the further progress of the case, and are the only ones urged in argument by the appellant..
The appellant’s claim as to the measure of damages is stated…
2Cases cited2 opinions
- Nixon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Haines v. Illinois Central R.Supreme Court of Iowa · 1875
3Cited by13 opinions
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- White v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Beemer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1917
- Headley v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
- Crawford v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
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