Gregory v. Wabash Railroad
Supreme Court of Iowa
Appeal from Appanoose District Oourt.— Mon.'M. A. Roberts, J u'dge. ActioN to recover damages for the death of plaintiff’s intestate, due, as alleged, to the negligence of defendant’s employes in the operation of a train. Verdict for plaintiff for $1,210. From judgment on this verdict, defendant appeals.—
1Opinion of the Court
McClain, J.—
Plaintiff’s intestate, a female child • about two years of age, was killed by being run over by the engine of a passenger train on the defendant’s track, at a place where there was no crossing or foo'tway, either by law or custom; and the questions argued relate to the negligence of the engineer operating the engine, and the measure of damages in accordance with which recovery was allowed.
1. Evidence: rate of speed. I. Several witnesses for plaintiff testify as to the speed of the train just before the accident, the question of speed being important in determining whether, after…
2Cases cited21 opinions
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
- Mackerall v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Chicago Great Western Ry. Co. v. BeecherCourt of Appeals for the Eighth Circuit · 1945
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Menke v. PeterschmidtSupreme Court of Iowa · 1955
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Lawrence v. City of Sioux CitySupreme Court of Iowa · 1915
11 more not listed; retrieve them via the Exa API.