Lorenz v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Floyd District Oourt. — IIon. J. F. Clyde, Judge. Action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by negligence of defendant. Verdict for plaintiff. From judgment theron. defendant appeals.
1Opinion of the CourtMcClain, J.
1 *3792 *378Deceased was struck by a train on defendant’s road at a street crossing, and instantly killed. At the time of the accident he was attempting to head off and drive back a cow which had escaped from his control, and had gone along the street to the crossing and stopped there. Her stopping was due to the barking of a dog which had met her, and continued to obstruct her progress and to bark violently at her while deceased was approaching. There is a conflict in the evidence as to whether proper signals were given by the engineer in charge of the train, and therefore the question of defendant’s…
2Cases cited5 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Wasmer v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Howland v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1889
- Lichtenberger v. Incorporated Town of MeridenSupreme Court of Iowa · 1894
3Cited by18 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Case v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1910
- Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
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