Purcell v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
■Appeal from Harrison District Court, — Hon. A. B. Thornall, Judge. Action for damages, which resulted in judgment against defendant. It appeals. — Affirmed-.
1Opinion of the Court
Ladd, C. J. —
1 2 *6713 *668The facts are substantially as related in the opinion on the former appeal, though the fireman did not testify, and the engineer was examined at greater length. See Purcell v. Railway Co., 109 Iowa, 628. There was nothing to show that the fireman was looking ahead previous to the collision, or that he had seen the deceased before being struck, and the special finding that he knew “-Hunt was on the bridge in time to give warning and have the engine stopped before injuring him” was without support in the evidence. As the finding was not essential to a verdict for plaintiff,…
2Cases cited4 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Payne v. C., R. I. & P. R.Supreme Court of Iowa · 1874
- Phoenix v. LambSupreme Court of Iowa · 1870
- Purcell v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1899
3Cited by20 opinions
- Barrett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1920
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
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