Walter v. C. D. & M. R.
Supreme Court of Iowa
Appeal from Hoioarcl Circuit Court. Ppaintife, the administrator of the estate of Henry A. Nienau, deceased, brings this action to recover damages resulting to tbe estate of deceased, on account of the death of the intestate caused by a collision of two trains upon defendant’s road, on one of -which he was a passenger, which was the consequence of negligence and want of skill on the part of-defendant’s servants running the trains.
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Appeal from Hoioarcl Circuit Court. Ppaintife, the administrator of the estate of Henry A. Nienau, deceased, brings this action to recover damages resulting to tbe estate of deceased, on account of the death of the intestate caused by a collision of two trains upon defendant’s road, on one of -which he was a passenger, which was the consequence of negligence and want of skill on the part of-defendant’s servants running the trains. There was a verdict for plaintiff in the sum of $6,000. Upon a motion for a new trial the Circuit Court held that the damages were excessive, and that unless $1,500…
1Opinion of the CourtBeck, J.
Ip. November, 1873, Henry A. Nienau, plaintiff’s intestate, took passage upon a car, called a “ caboose,” attached to a freight train upon defendant’s road, to be transported from Guttenbnrg to McGregor. He was sixty or sixty-five years of age, of ordinary health, quite hard of hearing, and could speak and understand the English language imperfectly. ■ The train stopped at Clayton, and the deceased there went upon the front platform of the “ caboose” in which he was riding. Two or three other persons were in the car; one of them, who was at the time of the accident an employe of the…
2Cited by5 opinions
- Hively v. Webster CountySupreme Court of Iowa · 1902
- State v. VoelpelSupreme Court of Iowa · 1929
- Tuteur v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Windahl v. HasselmanSupreme Court of Iowa · 1924
- State v. WehdeSupreme Court of Iowa · 1938