Legal Opinion

Spence v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided May 14, 1902PublishedCited by 6 opinions

Appeal from Muscatine District Court. — Hon. P. B. Wolee, Judge. Action at law to recover damages for personal injuries sustained by plaintiff in a collision between trains on defendant’s line of road. From a verdict and judgment for plaintiff, defendant appeals. —

1Opinion of the Court

Deemer, J. —

There was evidence tending to show, and from which the jury may have found, that on the morning of November 18, 1898, an accident had occurred on defendant’s line, of road at Moscow, the first station west of Wilton; that one Roberts, who had charge of the construetion train at Wilton, was directed to take his train and crew and go to the scene of the accident, to clear away the wreck; that pursuant to these orders Roberts made up a train, consisting of a locomotive' and an ordinary freight caboose, similar in all respects to those in which defendant carried passengers on its…

2Cases cited33 opinions

  1. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  2. Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
  3. Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
  4. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
  5. Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874

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3Cited by6 opinions

  1. Bednarik v. BednarikNew Jersey Court of Chancery · 1940
  2. Simmons v. Oregon RailroadOregon Supreme Court · 1902
  3. St. Louis S. F. R. Co. v. NicholsSupreme Court of Oklahoma · 1913
  4. Denecke v. WestSupreme Court of Iowa · 1918
  5. Moore v. AltmyerSupreme Court of Iowa · 1925

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