Courson v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Allamakee Circuit Court. Action to recover tbe value of a cow killed at a highway crossing by a train on defendant’s railway, on tlie ground of the faulty construction of tlie crossing, and that tbe train was running at a dangerous speed.' Trial by jury. Judgment for the plaintiffs, and defendant appeals.
1Opinion of the CourtSeevers, J.
I. The defendant asked tbe court to instruct tlie-'jury tliat “counsel for plaintiff's lias argued to the jury * * * that tbe fact that tlie fireman did not see Clie cow as soon as he could, if be bad looked, was negligence on tbe part of tbe defendant. You are instructed that you should give no attention to that argument. There is no evidence before you that tlie fireman was negligent.’’ *29This instruction was refused, and we 'cannot say that the court erred in this respect, for the reason that it does not appear that counsel for the plaintiffs made any such argument or claim to the jury.'
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2Cases cited2 opinions
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
3Cited by3 opinions
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Hoffard v. Illinois Central Railway Co.Supreme Court of Iowa · 1907
- Droegmiller v. OlsonSupreme Court of Iowa · 1949