Norman v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from. Harrison District Court. — IIon. F. H., Gay-nob, Judge. Action for double damages for a cow killed by a train of cars at a place on defendant’s railway where it had a right to fence. There was a trial to jury. After plaintiff’s evidence was in, a verdict was returned,' by direction of the court, in defendant’s favor. From the judgment rendered thereon, plaintiff appeals.-
1Opinion of the CourtWaterman, J.
1 *2852 *284The cow in question was kept in ^ pasture adjacent to the railway track. It escaped therefrom, and was struck and killed by a train of ears. No' serious question is made but that the pasture fence was in good condition. But it is contended that, because the fence on the opposite side of the track was out of repair, the defendant is liable, although its condition in no way aided in causing the accident. The proposition contended. for is thus stated by counsel: “It is immaterial where the cow went through. The failure to fence the railroad track on both sides, and keep it up, creates…
2Cases cited4 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Treadway v. S. C. & St. P. R. Co.Supreme Court of Iowa · 1875
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
3Cited by6 opinions
- Lucas v. Western Union Telegraph Co.Supreme Court of Iowa · 1906
- State v. RoundsSupreme Court of Iowa · 1933
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
- O'Mara v. Newton & Northwestern RailroadSupreme Court of Iowa · 1908
- Weaver v. Chicago & N. W. Railway Co.Supreme Court of Iowa · 1910
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