Legal Opinion

Fitzgibbon v. Chicago & Northwestern Railway Co.

Supreme Court of Iowa

Decided May 25, 1899PublishedCited by 6 opinions

Appeal from Monona District Court. — How. G-eorge W. Waiceeield, Judge. ActioN at law to recover damages for injuries sustained by plaintiff in a collision between trains on defendant’s line of road. Trial to a jury, verdict and judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDeemer, J.

In his petition plaintiff alleges that on the eleventh day of July, 1896, he was a passenger upon one ■of defendant’s trains from Logan to Loveland; that after the train started from Logan, through the carelessness and negligence of defendant, it collided with another train owned and operated by the defendant, which was coming from an opposite direction, by reason of which the plaintiff received the injuries of which he complains. All the allegations of the petition were put in issue by a general denial interposed by the defendant. It appears from the evidence that an organization in the city…

2Cases cited17 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
  2. Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
  3. Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
  4. Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
  5. Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880

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3Cited by6 opinions

  1. Brandt v. StorySupreme Court of Iowa · 1913
  2. Spence v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
  3. Dodge v. Chicago, Great Western RailroadSupreme Court of Iowa · 1914
  4. Kirkland v. Charleston & Western Carolina Ry.Supreme Court of South Carolina · 1908
  5. Hogans v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1912

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