Fishburn v. Burlington & Northwestern Railway Co.
Supreme Court of Iowa
A.ppeal from Washington District Court.— Hon. W. G. CLEMENTS, Judge. Aotion to recover damages for personal injury. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtWeavee, J.
At tbe time of the injury complained of, plaintiff was a child of the age of about sis years. He lived with his father upon the residence property owned by the latter, bordering upon the defendant’s right of way. This residence lot was inclosed by a fence, and that portion of it adjoining the right of way was used as a garden. By the consent of the father the railway company had for several years (during the winter season, at least) maintained a snoAV fence within the limits of his inclosure. The boundary fence between the right of way and the garden appears to have been constructed of posts…
2Cases cited50 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
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3Cited by46 opinions
- Schnebly Ex Rel. Schnebly v. BakerSupreme Court of Iowa · 1974
- Webber v. E. K. Larimer Hardware Co.Supreme Court of Iowa · 1944
- Frederick v. GoffSupreme Court of Iowa · 1960
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Maskaliunas v. C. W. I. R. R. Co.Illinois Supreme Court · 1925
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