Taylor v. Wabash Railway Co.
Supreme Court of Iowa
Appeal from Monroe District Gourt. — IIon. Frank W. Eiciielberger, Judge. 1 This petition, after alleging that defendant is a railway corporation, engaged in operating a line of road from Albia to Des Moines, proceeds as follows: “That defendant lias been in the control and possession of said lino of railroad from the year 1887; that it operated the road by running-trains over it for about two years thereafter, when it ceased to use that part of said road within 'Monroe…
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Appeal from Monroe District Gourt. — IIon. Frank W. Eiciielberger, Judge. 1 This petition, after alleging that defendant is a railway corporation, engaged in operating a line of road from Albia to Des Moines, proceeds as follows: “That defendant lias been in the control and possession of said lino of railroad from the year 1887; that it operated the road by running-trains over it for about two years thereafter, when it ceased to use that part of said road within 'Monroe county, and did not resume operations thereon until in September, 1897; that about tlie year 1880, while said railroad was…
1Opinion of the CourtWaterman, J.
Two principal grounds of complaint are presented: (1) That defendant was not permitted to introduce evidence showing that the city had removed the piles driven to divert travel from under the bolts or rods that injured plaintiff; and (2) that plaintiff is shown to have been guilty of negligence. We take these matters up in their order.
*1602 It is virtually conceded that travel under the center of the bridge was always obstructed by these bolts hanging down from above, for in 1881 piles were driven to divert it to either side. The original construction, then, or the condition in which it was.…
2Cases cited8 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Gould v. SchermerSupreme Court of Iowa · 1897
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Pratt v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kadlec v. Al. Johnson Construction Co.Supreme Court of Iowa · 1933
- Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
- Buehner ex rel. Buehner v. Creamery Package Manufacturing Co.Supreme Court of Iowa · 1904
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Wheeler v. Sioux Paving Brick Co.Supreme Court of Iowa · 1913
5 more not listed; retrieve them via the Exa API.