Artz v. C., R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. Action to recover for personal injuries sustained by plaintiff from having been struck by a locomotive of defendant when crossing its railroad. The accident, it is alleged, occurred on account, of the negligence of defendant’s employes operating the locomotive and train to which it was attached. There was a trial to a jury, and a verdict and judgment for plaintiff in the sum of $7,100. Defendant appeals.
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Appeal from Muscatine Circuit Court. Action to recover for personal injuries sustained by plaintiff from having been struck by a locomotive of defendant when crossing its railroad. The accident, it is alleged, occurred on account, of the negligence of defendant’s employes operating the locomotive and train to which it was attached. There was a trial to a jury, and a verdict and judgment for plaintiff in the sum of $7,100. Defendant appeals. The cause has twice before been in this court. The first j udgment was for $5,000, the second for $5,500. See 34 Iowa, 154; 38 Id., 293.
1Opinion of the CourtBeck, J.
I. The Circuit Court, upon the trial, gave the jury the following instruction: “There'is no law in this State requiring railroad companies to cause bells to be rung or whistles sounded upon the approach of their trains and locomotives to crossings of public roads; and the failure to ring bells or sound whistles, at such times and places, wi.ll not, of itself, prove carelessness and negligence so as to subject said companies absolutely fo liability for damages occasioned by their trains at crossings.”
The instruction proceeds to announce other rules, but it is not necessary to quote it further,…
2Cases cited3 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Wilson v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1871
3Cited by15 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Hall v. Incorporated TownSupreme Court of Iowa · 1896
- Schaefer v. Arkansas Valley Interurban Railway Co.Supreme Court of Kansas · 1919
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1885
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