McCormick v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Louisa Circuit Court. Action to recover the value of certain hogs, killed by a train - of cars upon defendant’s road, and damages sustained from fire originating from a locomotive operated by defendant. There was a verdict and judgment for plaintiff; defendant appeals.
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Appeal from Louisa Circuit Court. Action to recover the value of certain hogs, killed by a train - of cars upon defendant’s road, and damages sustained from fire originating from a locomotive operated by defendant. There was a verdict and judgment for plaintiff; defendant appeals. I. Section 1289 of the Code is intended to be limited to stock running at large. {Smith v. C., R. L. da P. R. Co., 31 Iowa, 98.) Where a person attempted to drive across a railway track, and without willfullness on the part of the owner or negligence on the part of the company the team was destroyed, the company was…
1Opinion of the Court
Beck, J. —
1. railroads: duty to fence. I. There was evidence tending to show that defendant’s railroad had been fenced, but the fence, three or '^ays- PrÍOT to the killing of the hogs, had destroyed by fire set by passing trains. The court instructed the jury that defendant was liable for the value of the hogs, if they were killed at a place where defendant had a right to fence it§ .road, “unless the owner of the, hogs willfully or wrongfully placed them oh the track of the railroad.” The rule as stated by the court would be unobjectionable, if applied to a case of failure to fence a railroad…
2Cases cited2 opinions
- Garrett v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1872
- Perry v. Dubuque Southwestern Ry. Co.Supreme Court of Iowa · 1872
3Cited by3 opinions
- Case v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1902
- Daily v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903