Case v. Illinois Central R. R.
Supreme Court of Iowa
Appeal from Bremer District Gowrt. This is an action to recover for the alleged killing of a mare belonging to the plaintiff, by. the cars of the defendant at its depot in the city of Waveriy, through the negligence of the employes of defendant in charge of the train. Yerdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Miller, Ch. J.
— -The only evidence in the case is that offered by the defendant. It shows that a train of freight cars of considerable length, came into the depot of defendant’s road at Waveriy, ran up to a switch and backed down on a side track, *582and as the cars were backing’ down at a “ tolerably fast” rate of speed, the mare, while running at large, came in from the west, upon the track at the highway crossing’, and was struck by the cars “just about the time she turned on the track;” she turned north as she came upon the track, and was then struck by the rear car of the train. She had come…
2Cases cited3 opinions
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
- Ocheltree v. CarlSupreme Court of Iowa · 1867
- Plaster v. Illinois Central R. R.Supreme Court of Iowa · 1872
3Cited by4 opinions
- Cutler v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1911
- Ft. Smith W. R. Co. v. CollinsSupreme Court of Oklahoma · 1910
- High v. Merchants BankNebraska Supreme Court · 1877
- Territory v. BakerNew Mexico Supreme Court · 1887