Larkin v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. James D. G-ieeen, Judge. Action to recover damages for personal injuries alleged to have been caused by negligence on the part of tbe defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals. The ordinance was not shown to have been published in a newspaper, nor in book or pamphlet form.
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Appeal from Cedar District Court. — Hon. James D. G-ieeen, Judge. Action to recover damages for personal injuries alleged to have been caused by negligence on the part of tbe defendant. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals. The ordinance was not shown to have been published in a newspaper, nor in book or pamphlet form. The evidence discloses that it was not so printed, and was read to the jury from the original manuscript, as kept by the clerk of the town. So no presumption of publication can be indulged, such as would be if it had…
1Opinion of the CourtRobinson, C. J.
In October, 1888, the plaintiff' engaged, at a livery stable in "West Liberty, a team and driver to take herself and sister from that place to the home of their brother, several miles in the country. The driver furnished was a boy sixteen years of age, and the vehicle was a carriage which contained but one seat. That was occupied by the two sisters and the driver, the plaintiff sitting on the left side. Elm street extends northward, from the vicinity of the depot in West Liberty, parallel to and about twenty rods east of the railway of the defendant, a distance of three-fourths *499of a mile, to…
2Cases cited4 opinions
- Town of Decorah v. Dunstan Bros.Supreme Court of Iowa · 1874
- Town of Eldora v. BurlingameSupreme Court of Iowa · 1883
- Clark & Grant v. Lyon CountySupreme Court of Iowa · 1873
- Town of Bayard v. BakerSupreme Court of Iowa · 1888
3Cited by22 opinions
- Bricker v. GreenMichigan Supreme Court · 1946
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Lawrence v. City of Sioux CitySupreme Court of Iowa · 1915
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