Davis v. Burlington & Missouri River R. R.
Supreme Court of Iowa
Appeal from Henry District Court. - Plaintdte’s cow was struck and killed by a locomotive, on defendant’s road. Tbe accident occurred in the city of Mount Pleasant (an incorporated city), and on the depot grounds of said company.
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Appeal from Henry District Court. - Plaintdte’s cow was struck and killed by a locomotive, on defendant’s road. Tbe accident occurred in the city of Mount Pleasant (an incorporated city), and on the depot grounds of said company. The passenger depot was located on the corner where Main street, in said city, crosses the grounds of the company, and the cow was killed (say) 100 feet west of said street, while coming from between two piles of lumber on the immediate north side of the track, and attempting to pass into an alley on the south side. This lumber was upon the grounds of the company,…
1Opinion of the CourtWright, J.
*5511. railroad : on depot grpunds : act of 1862. *550Tt is insisted that defendant is liable under the evidence because of the negligence shown with*551out reference to the question of duty to fence these grounds, and the absolute liability thence resulting under the statute to be here.after noticed.
It was held, in Whitbeck v. D. & P. R. R. Co. (21 Iowa, 103), that, whether the right to fence existed or not, the company was bound to use ordinary and reasonable care. And as, under the facts there disclosed, the jury could reasonably infer negligence on the part of the defendant’s servants, we refused to…
2Cases cited6 opinions
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
- Bradley v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- New Albany & Salem Railroad v. PaceIndiana Supreme Court · 1859
- Galena & Chicago Union Railroad v. GriffinIllinois Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
18 more not listed; retrieve them via the Exa API.