Karr v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Marion District Court. — How. A. W. Wilkinson, Judge. Action to recover double the value of a colt alleged to bave been injured and rendered worthless by a locomotive engine of the defendant at a point onits railway where the right of way was not fenced, but where'the right to fence existed. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals. —
1Opinion of the CourtBobinson, C. J.
In October, 1889, a colt owned by the plaintiff was so injured by a locomotive engine of the defendant that it was killed by section hands. The chief controversy in the case is in regard to the place on the defendant’s .railway where the colt was struck by the engine. The plaintiff contends that the place was a few feet west of a highway crossing where the right to fence existed, but where there was no fence. The defendant contends that it was on the crossing, and that the evidence to that effect was so direct and positive that the jury were not authorized to find that it was elsewhere.
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2Cases cited4 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Rhines v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Meade v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1877