Perry v. Dubuque Southwestern Ry. Co.
Supreme Court of Iowa
Appeal from Jones Ovremt Qov/rt. Action in tbe circuit court of Jones county, upon an appeal from a judgment of a justice of the peace, for double the value of three calves killed by a train of defendant. The answer avers that the railroad of defendant was properly fenced, and that the calves were killed without fault of defendant. Jury trial. Yerdict and judgment for plaintiff for $60. Defendant appeals. The necessary facts are stated in the opinion.
1Opinion of the Court
Day, J. —
' stocR. fences. On the 17th day of October, 1870, the defendant’s train ran over and killed three calves, the property of plaintiff. At the trial the defend-admitted that the calves were of the value of $10 each, and that affidavit and notice of the loss were served on defendant more than thirty days before the suit was commenced.
At the time of the accident the defendant’s road was fenced. The calves were kept in plaintiff’s field, from1 which they had access through bars to defendant’s road, known as the “Joslin bars.”
There was evidence showing that these bars were down at the time…
2Cases cited2 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
3Cited by12 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Case v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Weirs v. Jones CountySupreme Court of Iowa · 1890
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- State v. PooleWashington Supreme Court · 1911
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