Legal Opinion

McDivitt v. Des Moines Street Railway Co.

Supreme Court of Iowa

Decided October 14, 1896PublishedCited by 3 opinions

Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action at law to recover damages alleged to have been caused by negligence on the part of the defendant. From an order granting a new trial, the. defendant appeals.

1Opinion of the CourtRobinson, J.

In June, 1892, the defendant owned and operated a street railway on Sixth avenue, in the city of Des Moines. There were two tracks on that street, which extended from north to south — -one east of the center of the street, which was used by cars going north, and one west of the center, which was used by cars going south. On a day in the month named, the plaintiff was in charge of a grocer’s covered delivery wagon, drawn by two horses. He had made a delivery, and was driving northward on the •west side of the street, and when he had nearly reached Center street he observed a car approaching…

2Cases cited3 opinions

  1. Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
  2. Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
  3. Rhines v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888

3Cited by3 opinions

  1. Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
  2. Doherty v. Des Moines, City Railway Co.Supreme Court of Iowa · 1907
  3. Pembroke v. HayesSupreme Court of Iowa · 1901

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