Patterson v. S. P. Townsend & Son
Supreme Court of Iowa
Appeal from Keohuh Superior Court. — Hon. H. Bank, Judge. The plaintiff is a vendor of milk in the city of Keokuk, which he delivers to his customers from a wagon. The defendants are the owners of the Keokuk elective railway.
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Appeal from Keohuh Superior Court. — Hon. H. Bank, Judge. The plaintiff is a vendor of milk in the city of Keokuk, which he delivers to his customers from a wagon. The defendants are the owners of the Keokuk elective railway. The plaintiff attempted to drive his team and wagon across the defendants’ railroad track at the intersection of two streets in the city, and his wagon was struck by one of the defendants’ cars, and he brought this action to recover damages for the injury resulting from the collision. There was a verdict and judgment for the plaintiff, and defendants appeal.
1Opinion of the Court
Bothrock, J'.
The petition contained averments charging that the ear which came in collision with the wagon was carelessly and negligently operated, so that it became unmanageable and could not be controlled, and that the speed thereof was unusual, and that he (the plaintiff) was without fault or negligence in attempting to cross the railroad track at the time he received the injury. The case presents the usual contention, involving negligence of the defendant and contributory negligence of the plaintiff. The instructions given by the court to the jury are not objectionable. They correctly…
2Cited by10 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
- Ward v. Marshalltown Light, Power & Railway Co.Supreme Court of Iowa · 1906
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