Searles v. Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Howard GirovÁi Govrt. Action for hilling plaintiff’s ox, by the alleged carelessness and negligence of the employees of defendant. Defendant admitted the killing of plaintiff’s ox, by its freight train, on its road, on a public highway crossing.
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Appeal from Howard GirovÁi Govrt. Action for hilling plaintiff’s ox, by the alleged carelessness and negligence of the employees of defendant. Defendant admitted the killing of plaintiff’s ox, by its freight train, on its road, on a public highway crossing. Evidence was introduced tending to show that the ox came upon the defendant’s road about twenty-five rods in advance of the train and stood still on the track; that the employees in charge of the train did not blow the whistle, nor ring the bell, nor slacken speed, that there was but one man on the top of the cars, who was sitting down all…
1Opinion of the CourtDay, J.
I. The defendant assigns as error the refusal of the court to give the following instructions:
“ 1. If you find from the evidence, that the train, at the time the accident occurred, was running upon its usual track, upon its usual speed, then the defendant is not liable.”
“ 2. Railroad trains, when cattle are on the track, are not required to slacken their speed, or to make signals by blowing the whistle or ringing the bell at road crossings, or places where the road has .not a right to fence.”
These instructions are entirely at variance with the uniform course of judicial decision in this…
2Cases cited2 opinions
- Wagner v. BissellSupreme Court of Iowa · 1856
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
3Cited by3 opinions
- Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883
- Connyers v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1889
- International & Great Northern Railroad v. RichmondCourt of Appeals of Texas · 1902