Anderson v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. W. D. Tisdale, Judge. Action under section 1289 of thie Code,, to recover double damage's for tine alleged killing of two horses, because of defects in defendant’s right of way fence. The case was tried to a jury, and a verdict returned in favor of thie plaintiff, on which judgment was entered, and from which defendant appeals.
1Opinion of the CourtGiven, C. J.
I. Appellant’s first contention is that the verdict is contrary to the evidence. The evidence shows thla/t the horses entered the right of way 1 through the wing fence connecting thie right of way fence with the east abutment of a bridge spanning a passageway under defendant’s track, The horses were found on Sunday morning, January 1,1893, dead, in a cut about one hundred yards east of the bridge. This cut extended from near the bridge a considerable distance east, the foot of the slopes being within four to six feet of the rails, and the top within four to six feet of the hedge fence…
2Cases cited3 opinions
- Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Moody v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1889
3Cited by3 opinions
- Huss v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1901
- Chicago, Burlington & Quincy Railway Co. v. KelleySupreme Court of Iowa · 1898
- Pothast v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1900