Spencer v. Illinois Central R. R.
Supreme Court of Iowa
Appeal from, the Blade Hawk Circuit Court. Friday, June 10. This action was brought to recover for the injury to plaintiff’s person, and also his mules and wagon, occasioned by the careless act of defendant’s agent, in striking with its locomotive and train said team, etc., while being driven by him across the railroad track near the depot at Waterloo.
Read the full summary
Appeal from, the Blade Hawk Circuit Court. Friday, June 10. This action was brought to recover for the injury to plaintiff’s person, and also his mules and wagon, occasioned by the careless act of defendant’s agent, in striking with its locomotive and train said team, etc., while being driven by him across the railroad track near the depot at Waterloo. The testimony tends to show that he was unloading wheat from his wagon at an elevator on the uorth side, and some thirty or forty feet from the main track. An extra train was at the depot, some four or five hundred feet from the crossing. When…
1Opinion of the CourtWright, J.
i. railroad : negfigence!7 Appellant complains, for the most part, and, for the purposes of this appeal, we may say entirely, of the action of the court in giving and refusing certain instructions. To these, therefore, we direct our attention; and in so doing it will be sufficient to refer to two of those given, and which are, perhaps more particularly complained of — disposing of all the others by a more general statement of our views of the law.
It will be readily seen that one position assumed by defendant before the jury was, that plaintiff, by his own negligence or want of care, had…
2Cases cited2 opinions
- Hunt v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Indianapolis & Cincinnati Railroad v. CaldwellIndiana Supreme Court · 1857
3Cited by20 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Cooper v. Central RailroadSupreme Court of Iowa · 1876
15 more not listed; retrieve them via the Exa API.