Blanford v. Minneapolis & St. Louis R'y Co.
Supreme Court of Iowa
Appeal, from Boone Circuit Cou?'t. Action to recover under the statute double the value of a ■ cow killed by a train on the defendant’s road, at a point . where it had the right to fence its track. It is also stated in the petition that the train was carelessly and negligently operated. Trial to the court; judgment for the plaintiff; defendant appeals.
1Opinion of the CourtSeevers, J.
Certain facts were stipulated and agreed upon, among which were the following: “The plaintiff’s cow, while at large in the streets of the incorporated town of Ogden, at a point where said town was platted and laid out in blocks, streets and alleys, was struck and killed by defendant’s train, where the defendant’s road crosses one of the lots of said town.”
The amount in controversy being less than $100, we are required to determine the following question: “ Has a railroad corporation the right to fence its track and right .of way *311wlien the same passes over and across a town lot or block, 261…
2Cases cited4 opinions
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Mundhenk v. C. I. R.Supreme Court of Iowa · 1882
- Rogers v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
- Coyle v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
3Cited by3 opinions
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
- Gibson v. Iowa Central Railway Co.Supreme Court of Iowa · 1907
- Edmunds v. Salt Lake & L. A. Ry. Co.Utah Supreme Court · 1921