Doran v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Wapello District Court — Hon. E. L. Burton, J udge. The plaintiff seeks by this action to recover damages for the value of a mule which, he alleges, was killed by reason of the negligent operation of a train upon the defendant’s railroad. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
The mule was killed within the corpora!^ limits of the city of Ottumwa, by a freight train, at about four o’clock in the afternoon. There was an ordinance of the, city providing that railroad trains should not be run within the city limits at a greater rate of speed than six miles an hour. The petition charged that the train which caused the injury was, at the time, running at the rate of twelve miles *116per hour, and that, in addition to the negligent and unlawful rate of speed, the employes of defendant in chai-ge of the train were guilty of negligence in failing to stop or check the train,…
2Cited by2 opinions
- France v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1906
- Story v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1890