Robinson v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — ITon. W. R. Lewis, Judge. Action to recover the value of a horse killed by an engine operated upon defendant’s road, through the negligence of defendant in permitting a cattle-guard to be filled with snow and ice, which enabled the horse to go upon the railroad track, where it was killed. The cause was tried to a jury, and a verdict was rendered for defendant under an instruction requiring such a finding. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The facts upon which the questions of law involved in this case arise are not disputed. The plaintiff’s horse went on defendant’s railroad track, *496whereon it was killed, over a cattle-guard which was filled with snow and ice, enabling the animal to cross it. The abstract shows offers to introduce evidence, in the following language: ‘ ‘ Plaintiff offered to prove that the guard upon defendant’s road, at which the accident is claimed to have happened, was filled from Saturday with snow and ice; that on Saturday it became hard and full to the top of the ties on which are fastened the rails of…
2Cases cited1 opinion
- Grahlman v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
3Cited by1 opinion
- Giger v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890