Whitbeck v. Dubuque & Pacific Railroad
Supreme Court of Iowa
Appeal from Blachhawk District Gourt. Plaintiff claims damages for the killing of a cow on the depot grounds of defendant, by its engine and cars. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtWright, J.
i bail-injuries]» cattle' The testimony tended to show that plaintiff resided on a lot fronting the depot grounds and near the depot buildings; that the cow came on tbe track at a point within the limits of these grounds, and while there, was struck by the engine, when within about three rods of the depot buildings. These grounds are uninclosed and within the town of Waterloo.
The jury might reasonably infer some negligence on the part of the company’s servants, or a want of ordinary care; but there was nothing to show gross negligence. There is no evidence that plaintiff knew the cow was on'…
2Cases cited2 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
3Cited by3 opinions
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Connyers v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1889