Bruggeman v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from Mitchell District Court. — Hon. J. F. Clyde, Judge. Action at law to recover damages for injuries received by plaintiff in a collision with one of defendant’s trains at a public highway crossing in the town of Toeterville, in Mitchell County. The case was tried to a jury, resulting in a verdict and judgment for the defendant, and plaintiff appeals.
1DissentEvans, C. J.
(dissenting in part). — I do not dissent from the final word of the majority opinion, but there is much of such opinion in which I can not concur. I only care to specify and discuss the seventh, ninth, and tenth divisions of such opinion.
I will pass the seventh division for last consideration, and will consider first the ninth division of such opinion. This involves a discussion of the doctrine of the “last clear chance.” Our previous decisions are not wholly consistent in their discussion of this doctrine. Special attention was given to this subject in the recent case of Bourrett v. R. R.…
2Cases cited9 opinions
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
- Powers v. Des Moines City Railway Co.Supreme Court of Iowa · 1909
- Doherty v. Des Moines, City Railway Co.Supreme Court of Iowa · 1907
- Kelley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1902
- Camp v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1904
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