Legal Opinion

Scagel v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Iowa

Decided October 12, 1891PublishedCited by 19 opinions

Appeal from Cerro Gordo District Cowrt. — Hon. J. C. Shekwin, Judge. Action to. recover damages alleged to have resulted from the negligence of the- defendant in causing the death of the plaintiff’s intestate. There was a trial by jury, resulting in a verdict and judgment in favor of the plaintiff for sixty-five hundred dollars. The defendant appeals.

1Opinion of the CourtRobinson, J.

In April, 1888, James W. Scagel was in the employment of the defendant as engineer of a passenger locomotive. His run was from Mason City to McGregor and back. He left McGregor with his engine and train a few minutes before midnight on the fourth day of the month named. It had been raining hard, and he was Earned to run slowly over all bad places in the road, without regard to making time. His attention was called especially to a place east of and near Ft. Atkinson, and to another called “Plum *383Creek,” two or three miles west of Lawler. The train passed these places safely, but when it…

2Cases cited15 opinions

  1. Cooper v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1887
  2. Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
  3. Doyle v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
  4. Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
  5. Bonham v. Iowa Central InsuranceSupreme Court of Iowa · 1868

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3Cited by19 opinions

  1. Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
  2. Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
  3. German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
  4. Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
  5. Rothrock v. City of Cedar RapidsSupreme Court of Iowa · 1905

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