King v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Davis District Court.- — Hon. Charles D. Leggett, Judge. Action to recover double the value of two animals claimed to have been killed by the defendant’s trains. There was a verdict and judgment for the plaintiff from which the defendant appeals.
1Opinion of the CourtKinne, J.
The plaintiff claims that his colt, while running at large, was, on March 23, 1890, struck and killed by the defendant’s train at a place where it had a right to fence, and had not done so; that on December 7, 1889, the defendant’s train struck and killed a cow belonging to him; that she was also running at large, and was struck and killed at a point where the defendant had a right to fence, but had failed so to do. The necessary notice in each case on which to base a claim for' double damages was served. The colt was alleged to be worth sixty dollars and the cow twenty-five dollars. The…
2Cases cited3 opinions
- Cox v. Burlington & Western Railway Co.Supreme Court of Iowa · 1889
- Waller Bros. v. WallerSupreme Court of Iowa · 1889
- Kitterman v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
3Cited by1 opinion
- Tisthammer v. Union Pacific Railroad Co.Wyoming Supreme Court · 1930