Legal Opinion

Avise v. Interurban Railway Co.

Supreme Court of Iowa

Decided March 11, 1916PublishedCited by 4 opinions

Appeal from Polk District Court. — Lawrence DeGrafe, Judge. Action for the recovery of damages for death of plaintiff’s decedent. There was a trial to a jury, and a verdict and judgment for plaintiff for $4,000. Defendant appeals.—

1Opinion of the CourtPreston, J.

The negligence charged was substantially that the trolley wire, which was suspended above the track, and through which was transmitted the electricity which furnished the power to move the train, was too low, so that one riding on the car might come in contact with it and be pushed off, or receive a shock which would throw him from the car. *594There was evidence that this trolley wire was so low that a person on the furniture car could come in contact with it. There was no evidence of any burns upon the body or clothing of deceased. No one saw the immediate transaction, or testified as to just…

2Cases cited13 opinions

  1. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
  2. Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
  3. Neal v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
  4. Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
  5. Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Whetstine v. MoravecSupreme Court of Iowa · 1940
  2. Boles v. Hotel Maytag Co.Supreme Court of Iowa · 1934
  3. Hall v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1924
  4. Carlisle v. Davenport & Muscatine Railway Co.Supreme Court of Iowa · 1916

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