Borough v. Minneapolis & St. Louis Railway Co.
Supreme Court of Iowa
Appeal from Keokuk District Court. — Charles A. Dewey, Judge. Aotion to recover damages for personal' injuries alleged to have been caused by the negligence of the defendant in operating one of its trains over a public crossing. The case was tried to a jury, which trial resulted in a verdict for the plaintiff, and judgment was entered on the verdict.
Read the full summary
Appeal from Keokuk District Court. — Charles A. Dewey, Judge. Aotion to recover damages for personal' injuries alleged to have been caused by the negligence of the defendant in operating one of its trains over a public crossing. The case was tried to a jury, which trial resulted in a verdict for the plaintiff, and judgment was entered on the verdict. The ease was here on appeal once before (Borough v. Minneapolis <& St. L. R. Co., 184 Iowa 210), and the facts there set out are substantially the same as in this record. We need not repeat the facts, except as necessary in discussing the errors…
1Opinion of the CourtArtiiur, J.
Defendant assigns as error' the refusal of the court to admit the testimony of the defendant’s witness Marq Barr, offered to impeach plaintiff’s witness L. C. Northup. The record sufficient for the consideration of this . . , . „ „ claimed error is as follows:
1. witnesses: impeachment: statements out of couit. A coroner s inquest was held on the night 0f thg accident, August 14,1914. L. C. Northup was a witness at the inquest, and testified:
“We could see the freight train standing there, by the headlight of the passenger train. The freight train was coupled together, as far as I know. I told…
2Cases cited10 opinions
- State v. GrayOregon Supreme Court · 1904
- McDivitt v. Des Moines City Railway Co.Supreme Court of Iowa · 1908
- Hughes v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1911
- Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- City National Bank v. MasonSupreme Court of Iowa · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Schneider v. Swaney Motor Car Co.Supreme Court of Iowa · 1965
- Sergeant v. ChallisSupreme Court of Iowa · 1931
- Maurice E. Flentie v. American Community Stores Corporation, and Robert O. ParkinsCourt of Appeals for the Eighth Circuit · 1968
- State v. PowellSupreme Court of Iowa · 1946
- State v. PatrickSupreme Court of Iowa · 1926
16 more not listed; retrieve them via the Exa API.