Fisk v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. n. Preston, Judge. The petition states that the defendant negligently left a freight car standing in and upon a public highway running through the town of Peralta, on defendant’s railway, and that A. Bolton was passing along such highway, driving a team of two horses attached to a wagon ; that said car was so placed upon said highway that a large portion thereof was occupied by the same, and the free passage of the highway was…
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Appeal from Linn District Court. — Hon. J. n. Preston, Judge. The petition states that the defendant negligently left a freight car standing in and upon a public highway running through the town of Peralta, on defendant’s railway, and that A. Bolton was passing along such highway, driving a team of two horses attached to a wagon ; that said car was so placed upon said highway that a large portion thereof was occupied by the same, and the free passage of the highway was obstructed by said car ; that said Bolton, in attempting to pass the car with said team, was “crowded for room, and his team,…
1Opinion of the CourtSeevebs, C. J.
1 notTwar-TIONS: píeadfngsor ■ proof' I. The grounds on which plaintiff seeks to recover, briefly stated, are: (1) That the highway was obstructed by the car; and (2) that the team took fright at said car. In the seventh and eighth paragraphs of the charge, the court, in substance, instructed the jury:
‘ ‘ And if you further find, from all the evidence, that said car, placed and left where you may find from the evidence it was placed and left, was an object apt to frighten horses of ordinary gentleness, * * * then you would .be warranted in finding that defendant was guilty of negligence.”
We…
2Cases cited3 opinions
- Gardner v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1886
- Gilbert v. Flint & Pere Marquette Railway Co.Michigan Supreme Court · 1883
- O'Donnell v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
3Cited by3 opinions
- Huss v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1901
- Shawnee Gas & Electric Co. v. HuntSupreme Court of Oklahoma · 1912
- Seekel v. NormanSupreme Court of Iowa · 1889