Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Clayton Oirauit Court. The plaintiff’s minor son, wlien driving a team of horses, hittíhed to a wagon, on a highway, attempted to cross the defendant’s road at the crossing. The team was struck by a passing train, and the plaintiff’s son killed. To recover for the services of his son during minority, and for the value of the horses, harness and wagon, this action was brought. The ground of recovery stated in the petition is the negligence of the defendant.
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Appeal from Clayton Oirauit Court. The plaintiff’s minor son, wlien driving a team of horses, hittíhed to a wagon, on a highway, attempted to cross the defendant’s road at the crossing. The team was struck by a passing train, and the plaintiff’s son killed. To recover for the services of his son during minority, and for the value of the horses, harness and wagon, this action was brought. The ground of recovery stated in the petition is the negligence of the defendant. Trial by jury, verdict and judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
The railway approaches the crossing on a curve in a northeasterly direction. The highway runs north i. r«lSion It high-contributory’ defeatsrecov-cry. and sc"Rh- The plaintiff resides north of the railway, and from such residence the plaintiff’s two minor sons, with a wagon and team, started to cross the railway track. Both were seated in J the wagon, on which was a hay or straw rack.
The deceased son was driving, and the other son, Ernest, was seated on the right hand side of the wagou. Twenty rods distant from the crossing there is a gate on the highway. At from one to two rods south of the…
2Cases cited1 opinion
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
3Cited by25 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
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