Patten v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. George W. Wakeeield, Judge. Action to recover double the value of a colt owned by plaintiff which was killed by a train on defendant’s road at a place where it had the right to fence its track. There was a judgment on a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
— I. There was evidence tending to prove that the colt, to recover the double value of .which the action is brought, went upon the track of the railroad by grossing the fence built by defendant, upon the snow, which was of such depth or was so drifted as to be nearly as high as the fence. The district court directed the jury that, “if the fence was sufficient as originally constructed, and became temporarily defective by reason of the snow drifted against the fence, then the company would not be liable until a sufficient time thereafter had elapsed for the company to have discovered the…
2Cited by3 opinions
- Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904
- Grahlman v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1889
- Pluym v. Illinois Central RailroadAppellate Court of Illinois · 1921