Locke v. S. C. & P. R. Co.
Supreme Court of Iowa
Appeal from Harrison District Oov/rt. The plaintiff’s husband was a conductor in tbe employ of tbe defendant, and bad charge of a train which fell through a bridge on the night of August 24th, 1875, whereby lie was killed. Tbe plaintiff, as administratrix of her deceased husband, brought this action to recover damages to tbe estate caused by his death.
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Appeal from Harrison District Oov/rt. The plaintiff’s husband was a conductor in tbe employ of tbe defendant, and bad charge of a train which fell through a bridge on the night of August 24th, 1875, whereby lie was killed. Tbe plaintiff, as administratrix of her deceased husband, brought this action to recover damages to tbe estate caused by his death. The grounds upon which she based her right to recover are, that her husband was without fault, but the bridge was defectively constructed, and . that defendant negligently caused and permitted a portion of the bridge to become rotten, unsound,…
1Opinion of the CourtSeevers, J.
i. evidence: coneiusion, I. The plaintiff introduced as a witness oxxe Moxley, who was the.eonductor of a freight train which passed over bridge in question a few hours previous to tra*n which fell through the bridge. Mox]ey testified that he xioticed that the water was running swift under the bridge in qxxestion, and that when he arrived at Sióux City he reported another bridge, No. 6, as unsafe, and also reported the water as running swiftly under all the bridges between thxxt over Thompson creek, where the accident occurred, and Sioux City. The witness also testified that he passed…
2Cases cited2 opinions
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
- Gates v. B., C. R. & M. R. Co.Supreme Court of Iowa · 1874
3Cited by17 opinions
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Hall v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1891
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MonaghanIllinois Supreme Court · 1892
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Grace v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1911
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