Moore v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. P. Balliet, Judge. Action to recover for a personal injury sustained by plaintiff by tire alleged negligent management and operation of a locomotive engine 'at the crossing’ of a street in the city of Des Moines. There was a trial by jury. At the close of the introduction of the evidence the defendant presented a motion for a direction to return a verdict for the defendant.
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Appeal from Polk District Court. — Hon. S. P. Balliet, Judge. Action to recover for a personal injury sustained by plaintiff by tire alleged negligent management and operation of a locomotive engine 'at the crossing’ of a street in the city of Des Moines. There was a trial by jury. At the close of the introduction of the evidence the defendant presented a motion for a direction to return a verdict for the defendant. The motion was sustained, and the verdict was returned according to the direction. Judgment was rendered on the verdict, and plaintiff appeals.
1Opinion of the CourtBothroct, J.
At the time of the injury the plaintiff was driving a horse and wagon, delivering goods to the customers of a tea company. The wagon was what is known as a “covered delivery wagon.” He drove the *485horse upon the defendant's track on Eighth street, and the horse was struck by a switch engine, - and was thrown some twenty feet by the collision, and instantly killed. The wagon was demolished, and the plaintiff seriously injured, and one end of the engine went off the track. The whole contention on the trial appears to have turned on the question as to whether the plaintiff was chargeable with such…
2Cases cited1 opinion
- Close v. SammSupreme Court of Iowa · 1869
3Cited by11 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- State v. RichardsSupreme Court of Iowa · 1905
- Dupuis v. Saginaw Valley Traction Co.Michigan Supreme Court · 1906
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916
- Funk v. Carroll CountySupreme Court of Iowa · 1895
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