Tingle v. C., B. & Q. R.
Supreme Court of Iowa
Appeal from Lucas Circuit Court. The plaintiff claims of the defendant thirty-five dollars, for the alleged killing of plaintiff’s cow upon a public highway, by a locomotive and train operated by the defendant on Sunday. The defendant filed a demurrer to the petition, which the court overruled. The defendant elected to stand upon its demurrer, and judgment was entered against the defendant for the amount claimed. The defendant appeals.
1Opinion of the CourtDay, J.
The amount in controversy not exceeding one hundred dollars, the court certified for our determination 'the following question: “When a railroad company unlawfully runs its trains on Sunday, in violation of the provisions of section 4072 of the Code, and while so running, strikes and kills a cow at a point where its track crosses a public highway, when said animal was lawfully running at large at the time, is said railroad company liable for said injury, in the absence of negligence on the part of the railroad or its employes operating said trains?” Section 4072 of the Code provides that if…
2Cases cited2 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Schmid v. HumphreySupreme Court of Iowa · 1878
3Cited by7 opinions
- Osborne v. Van DykeSupreme Court of Iowa · 1901
- Gross v. MillerSupreme Court of Iowa · 1894
- Taylor, Farr & Co. v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Forsythe v. KluckhohnSupreme Court of Iowa · 1911
- Gerald B. Murphy, a Minor, by and Through His Parents and Next of Friends, Girlie A. Murphy and William C. Murphy v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1981
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