Warn v. Chicago Great Western Railway Co.
Supreme Court of Iowa
Appeal from, Marshall District Court. — Hon. J. M. Parker, Judge. Action to recover damages for personal injuries resulting to the minor son of plaintiff from being thrown out of a buggy by reason of the frightening of the horse attached thereto, while said son was attempting to drive across the track of defendant’s road in the city of Marshalltown at a street intersection; the allegations of negligence being that the engine and cars of the - defendant which frightened the…
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Appeal from, Marshall District Court. — Hon. J. M. Parker, Judge. Action to recover damages for personal injuries resulting to the minor son of plaintiff from being thrown out of a buggy by reason of the frightening of the horse attached thereto, while said son was attempting to drive across the track of defendant’s road in the city of Marshalltown at a street intersection; the allegations of negligence being that the engine and cars of the - defendant which frightened the horse were operated at an unlawful rate of speed, and without the giving of the signals required by statute and…
1Opinion of the CourtMcClain, J.
The minor son of plaintiff for injury to whom this action is brought, accompanied by a younger brother, was driving a single horse in a buggy westward along Nevada Street in the city of Marshalltown on which street there are tracks of the defendant railway occupying the north half of the street, and on reaching Eighth Avenue, running at a right angle with Nevada Street, he turned to the north, as alleged in the petition, in order to cross the tracks of the defendant road and proceed up Eighth Avenue. The two boys, who were the only witnesses for plaintiff as to what happened, testified that…
2Cases cited3 opinions
- Ward v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1896
- Lonergan v. Illinois Central RailroadSupreme Court of Iowa · 1891
- Heise v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1909
3Cited by2 opinions
- Hunt v. DelanoSupreme Court of Iowa · 1915
- Anderson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1933