Moore v. Burlington & Western R'y Co.
Supreme Court of Iowa
Appeal from Mahaska, District Court. AotioN to recover damages caused by the defendant’s failure to fence its road, whereby a horse, the property of plaintiff, was injured. Trial by jury. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
The evidence shows that the horse was injured early in January, 1884, and that the railway was not fenced. It is not claimed that the horse was struck by the engine, or that the character of the injury would justify such an inference, but the plaintiff claims that the horse was frightened or driven along the railway by a train, and that, while running, he fell through a cattle-guard, and was injured. The court instructed the jury that, in order to entitle the plaintiff to recover, he must establish by a preponderance of the evidence that the horse was injured by being driven by one of the “…
2Cases cited1 opinion
- Meade v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1877
3Cited by4 opinions
- Brockert v. Central Iowa Railway Co.Supreme Court of Iowa · 1891
- Sell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1925
- McCarthy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Fleming v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918