Sackett v. Chicago Great Western Railroad
Supreme Court of Iowa
Appeal from Polh District Court. — Hubert Utterback, Judge. Action against defendant and the conductor and engineer in charge of the train, for damages resulting from personal injuries in a collision between the train and a motorcycle on which plaintiff was riding. The accident occurred at a crossing in the city of Des Moines. From a directed verdict in favor of the defendants, the plaintiff appeals.
1Opinion of the CourtPreston, J.
The negligence alleged was that defendants were running the train at an unlawful and excessive speed; that defendants failed to ring the bell or blow the whistle; that they failed to provide a flagman, gates, or any device to warn persons of the approach of a train. The motion to direct a verdict was on the ground that the evidence shows, without dispute, that plaintiff was guilty of contributory negligence, as a matter of law. Appellant has argued at some length the question as to the negligence of the defendants. It may be conceded that, on this point, the evidence was sufficient to take…
2Cases cited1 opinion
- Beemer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1917
3Cited by12 opinions
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1920
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
- Williams v. Mason City & Fort Dodge Railway Co.Supreme Court of Iowa · 1927
- Hewitt v. OgleSupreme Court of Iowa · 1934
- Murphy v. MilheiserCourt of Appeals of Texas · 1930
7 more not listed; retrieve them via the Exa API.