Nixon v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. C. D. Leggett, Judge. The plaintiff commenced this action to recover damages sustained by a personal injury received by 'a collision with a train of cars at a public road crossing about one half mile from Eddyville, The defendant answered by a general denial. The cause was tried to a jury.
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Appeal from Wapello District Court. — Hon. C. D. Leggett, Judge. The plaintiff commenced this action to recover damages sustained by a personal injury received by 'a collision with a train of cars at a public road crossing about one half mile from Eddyville, The defendant answered by a general denial. The cause was tried to a jury. The plaintiff introduced his evidence; and the defendant, without offering any evidence, moved the court to instruct the jury to return a verdict for the defendant. The motion was sustained and the verdict returned as ordered, and from a judgment thereon the…
1Opinion of the CourtEotheock, J.
The train by which the plaintiff was injured was a passenger train on the defendant’s road running south from Des Moines. It is not claimed that it was running at an improper rate of *332speed. The evidence shows that the whistle on the engine was not sounded nor the hell rung before approaching the crossing. The ruling of the court was upon the ground that, notwithstanding there was no signal for the crossing, the plaintiff was negligent in driving on the railroad crossing without discovering the approaching train. This is the sole question involved in the appeal.
It is conceded by counsel^ for…
2Cases cited3 opinions
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Schmidt v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1888
3Cited by17 opinions
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Guhl v. WhitcombWisconsin Supreme Court · 1901
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1908
- Sherrill v. RailroadSupreme Court of North Carolina · 1905
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