Burg v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. The plaintiff is the administratrix of the estate of Peter Burg, Jr. Peter Burg, Jr., was. a child three years of age, in October, 1890, living with his parents near the line of defendant’s road within the city limits-of Des Moines, some three miles west from the passenger depot in the city.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. The plaintiff is the administratrix of the estate of Peter Burg, Jr. Peter Burg, Jr., was. a child three years of age, in October, 1890, living with his parents near the line of defendant’s road within the city limits-of Des Moines, some three miles west from the passenger depot in the city. On the eleventh day of October, 1890, Peter Burg, Jr., with his sister, a child about nineteen months old, left the home of their parents, some one hundred and sixty-three feet south of defendant’s track, went upon the track, and sat 'down…
1Opinion of the CourtG-eangker, C. J.
I. In the city of Des Moines is an ordinance limiting the rate of speed of trains to six miles an hour. Plaintiff offered in evidence the ordinance. It was excluded under an objection that it was ‘incompetent, immaterial, and for the reason that the evidence already shows that the place where the accident happened was so far removed from a crossing as to render the ordinance unreasonable, even if it was in -force.” When the ordinance was adopted, the place where the accident happened was not in the city of Des Moines, the city having been since, by an act of the legislature, enlarged so as to…
2Cases cited12 opinions
- Evison v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1891
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Hayes v. City of AppletonWisconsin Supreme Court · 1869
- Clason v. City of MilwaukeeWisconsin Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- San Antonio & Aransas Pass Railway Co. v. McMillanTexas Supreme Court · 1907
- Hubby v. StateSupreme Court of Iowa · 1983
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- People ex rel. Busching v. EricssonIllinois Supreme Court · 1914
55 more not listed; retrieve them via the Exa API.