Harper v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Action at law to recover double damages for certain live stock killed by tbe defendant either upon its right of way or at a highway crossing in Appanoose county.
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Action at law to recover double damages for certain live stock killed by tbe defendant either upon its right of way or at a highway crossing in Appanoose county. Plaintiff alleged that the animals were killed at a place where defendant had a right to fence but had not done so, and that defendant maintained, at the highway crossing, cattle guards, on either side thereof, which were defective and out of repair, and that the stock got upon the right of way by reason of these defective guards or one of them. Defendant’s answer was a general denial; and the case, on the issues joined, was tried to…
1Opinion of the CourtDeemer, J.
1’ Sjm'y°toSiiye stock • GVÍ” Hence! submission of issues. At the close of all .the testimony, defendant-moved for a directed verdict on the ground that there was not sufficient testimony to take the case to the jury on the question as to where the cattle were killed, and in its motion for a new trial defendant also claimed • that the verdict was without support in the . . evidence. These same propositions are now relied upon for a-reversal. The cattle were killed about 8 o ’clock in the morning of May 29, 1910, by a through passenger train, operated by the defendant from Chicago to Los…
2Cases cited15 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Claus v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1907
- Perry v. Dubuque Southwestern Ry. Co.Supreme Court of Iowa · 1872
- Wall v. Des Moines & Northwestern Railway Co.Supreme Court of Iowa · 1893
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3Cited by1 opinion
- Howard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1923