Cleaveland v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from Story Circuit Oowrt. Action to recover the value of a colt killed by the defendant’s engine and train on the depot ground at Colo station on the morning of September 26, 1868. The action was tried to a jury and resulted in a verdict and judgment for the plaintiff for $125. The defendant appeals.
1Opinion of the CourtColb, J.
No question is made upon the instructions or any ruling of the court. The single proposition is as to the sufficiency of the evidence to sustain the verdict of the jury. Since the colt was killed on the depot ground where the defendant had no right to fence, the plaintiff must show some negligence on the part of the defendant’s agents in order to recover. There is no evidence of any negligence on the part of any one connected with the defendant’s train at the time of the accident. The train was going west on its usual time and speed, and was passing the station without stopping, as was usual…
2Cited by1 opinion
- Kyser v. K. C., St. J. & C. B. R.Supreme Court of Iowa · 1881