Schulte v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Shelby District Court.- — Hon. N. W. Macy, Judge. The plaintiff alleged: “That at or about one-half mile south of defendant’s depot at Panama, Iowa, and at a point where defendant’s line of railway crosses the public highway, the defendant’s freight train aforesaid struck this plaintiff, and threw him and his wagon and team many feet off and from said highway.crossing; that, at and before said time of striking this plaintiff and his team as aforesaid, defendant…
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Appeal from Shelby District Court.- — Hon. N. W. Macy, Judge. The plaintiff alleged: “That at or about one-half mile south of defendant’s depot at Panama, Iowa, and at a point where defendant’s line of railway crosses the public highway, the defendant’s freight train aforesaid struck this plaintiff, and threw him and his wagon and team many feet off and from said highway.crossing; that, at and before said time of striking this plaintiff and his team as aforesaid, defendant was negligently operating its said train, in that it was running it at an unusually high rate of speed, to-wit, fifty or…
1Opinion of the CourtLadd, J.
2 *923 4 *91The jury in a proper case may be required to find specially on any particular question of fact. Code, section 3727. “When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly, or set aside- the verdict and findings as justice may require.” Section 3728, Code. As has often been held, these findings or answers to special interrogatories should relate to ultimate facts inhering in the verdict, deciding issues, more or less important, necessarily to be passed upon in making up the general verdict.…
2Cases cited28 opinions
- Cahill v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Seventh Circuit · 1896
- Pennsylvania Co. v. SmithIndiana Supreme Court · 1884
- Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
- Mackerall v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1900
- Conners v. Burlington C. R. & N. R'y Co.Supreme Court of Iowa · 1887
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Case v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1910
- Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
- Connell v. Keokuk Electric Railway & Power Co.Supreme Court of Iowa · 1906
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
23 more not listed; retrieve them via the Exa API.