Oaks v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Cass District Court. — E. B. Woodruff, Judge. This is an action at law to recover damages for death alleged to have been caused by the negligence of the defendant. Trial to a jury. At the conclusion of plaintiff’s testimony, the court sustained a motion of defendant, directing the jury to return a verdict for it. The opinion states the case. Plaintiff appeals.
1Opinion of the Court
Préston, J.
1. Negligence: actions for injury: death at “blind siding:” evidence: sufficiency. -The propositions in the case are, first, as to whether there was any negligence shown on the part of the defendant in the operation of the train; second, whether, under the undisputed evidence, and.as a matter of law, deceased was guilty of contributory negligence; and, third, whether the doctrine of the last clear chance applies.
Was the evidence sufficient to take the case to the jury? The conductor, Christensen, and the engineer, Yan Lew, were called as witnesses for the plaintiff, and the ease…
2Cases cited31 opinions
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hittle v. JonesSupreme Court of Iowa · 1933
- Lindloff v. DueckerSupreme Court of Iowa · 1933
- Lingle v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1960
- Van Gorden v. City of Fort DodgeSupreme Court of Iowa · 1932
- Riedesel v. KochSupreme Court of Iowa · 1950
6 more not listed; retrieve them via the Exa API.