Henderson v. C. R. I. & P. R.
Supreme Court of Iowa
Appeal from, Polh District Court. Action for the recovery of double the value of a mare killed on defendant’s road. Jury trial. Verdict and judgment for plaintiff for $270. Defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
The Chicago, Rock Island & Pacific Railroad runs east and west past, and immediately south of, the residence of one Lysander Harvey. The Des Moines Valley Railroad runs about seventy feet from, south of, and parallel to, the Chicago, Rock Island & Pacific. The public highway extends along and immediately south of these railroads, and crosses them from one hundred and twenty-five to one hundred and fifty yards west of Harvey’s house.
There is a fence on the north of, one on the south of, and one between the two roads.' Harvey has a private crossing over both railroads south to the highway,…
2Cases cited3 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Russell v. HanleySupreme Court of Iowa · 1866
3Cited by5 opinions
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Henderson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1878
- Fowbel v. Wabash R. R.Supreme Court of Iowa · 1904
- Henderson v. C., R. I. & P. R.Supreme Court of Iowa · 1876
- Schulman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1939