Moore v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action to recover for personal injuries sustained by the plaintiff when driving across defendant’s track at the crossing of east Eighth street, in the city of Des Moines, by reason of alleged negligence of the defendant’s servants in the running and management of a locomotive engine.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action to recover for personal injuries sustained by the plaintiff when driving across defendant’s track at the crossing of east Eighth street, in the city of Des Moines, by reason of alleged negligence of the defendant’s servants in the running and management of a locomotive engine. At the close of the testimony for the plaintiff, the defendant moved for a verdict, which motion was sustained, and verdict and judgment rendered accordingly. Plaintiff appeals.—
1Opinion of the CourtGiven, J.
*5971 *596This is the second appeal in this case. See 98 Iowa, 484. The questions now presented were not considered on the former appeal. Defendant’s motion for a verdict was upon the ground that the evidence shows conclusively that the plaintiff was guilty of negligence contributing to the injury complained of, in that he did not exercise ordinary care in approaching and going upon • the *597defendant’s track. Plaintiff contends that the evidence did not so show; that whether he was guilty of such negligence was a question for the jury; and that, therefore, the court erred in sustaining said motion and…
2Cases cited1 opinion
- Bryant v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1896
3Cited by39 opinions
- Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
- Barrett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1920
- Wine v. JonesSupreme Court of Iowa · 1917
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Richmond v. Tacoma Railway & Power Co.Washington Supreme Court · 1912
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