Vanhorn v. Burlington Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Cedar District Court. ■ Action for damages alleged to have been sustained by reason of the negligence of the defendant in killing three horses belonging to the plaintiff. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
The injury occurred in the city of Yinton, at or near where one of the streets crosses the defendant’s track. The plaintiff had- turned the horses at large in violation of an ordinance of the city. During the night, after they were turned at large, they strayed upon defendant’s track, and were run over by a passenger train. The defendant asked an instruction in these words: “If you find from the evidence that the horses were allowed to run at large by night, and lie down on the railroad track, and were killed by a passing train while •so upon the track, and if you further find that allowing…
2Cases cited8 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Bush v. BrainardNew York Supreme Court · 1823
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Maynard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1874
- Van Horn v. B., C. R. & N. R'y Co.Supreme Court of Iowa · 1882
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3Cited by3 opinions
- Tackett v. Taylor CountySupreme Court of Iowa · 1904
- Gross v. MillerSupreme Court of Iowa · 1894
- Young v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896