Burke v. Mally
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action at law to recover damages for injuries received by plaintiff while trying to hold and tie a horse that had been frightened by a steam traction engine, which it is. claimed defendant was negligently moving on a public street. Trial to a jury, verdict and judgment for plaintiff, and defendant appeals.- —
1Opinion of the Court
Deemer, J. —
-There is a section of our Code reading, in part, as follows: “Sec. 1571. Steam engines on roads. Whenever any engine driven in whole or in part by steam power is being propelled upon a public road, or is upon the same, the whistle thereof shall not be blown, and those having it in charge shall stop it one hundred yards distant from any person or persons with horses or other stock in or upon the same, and at a greater distance away if they exhibit fear on account thereof, until they shall have passed it, and a competent person shall be kept one hundred yards in advance of such…
2Cases cited2 opinions
- Macomber v. NicholsMichigan Supreme Court · 1876
- State v. SnyderSupreme Court of Iowa · 1868