Legal Opinion

McCune v. B., C. R. & N. R.

Supreme Court of Iowa

Decided December 10, 1879PublishedCited by 16 opinions

Appeal from Johnson District Court. Action to recover damages alleged to liave been sustained by plaintiff by reason of the negligence of the defendant’s employes in the management of one of its. railroad trains, whereby a valuable cow, the property of plaintiff, and which defendant was carrying for him, was greatly injured. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant aj>peals.

1Opinion of the CourtRothrock, J.

i. railroads: common carmr:.contract; bmty.nsl‘a — I. The plaintiff’s cow was shipped,, with other cattle belonging to the. plaintiff, over the defendant’s road from Solon to Iowa City. While en route . . . -, . , *. , -, ,> . the cow was injured, as is claimed, by the neghgence of defendant’s train-men in. permitting the *601car in which the cattle were placed to inn down its track and switch without break or control, and against other cars with great force. The animal in question was alleged to be an imported, thorough-bred Short-horn, seven months with calf. It is claimed that the injury she…

2Cases cited1 opinion

  1. McCoy v. K. & D. M. R.Supreme Court of Iowa · 1876

3Cited by16 opinions

  1. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  2. Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
  3. Chicago, R. I. & P. R. Co. v. WittyNebraska Supreme Court · 1891
  4. Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
  5. Lucas v. Burlington Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1900

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