Gates v. B., C. R. & M. R. Co.
Supreme Court of Iowa
Appeal from, Floyd Circuit Court. Action to recover for the value of a cow killed by a train on defendant’s railroad, through the negligence of its servants. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
i nbgligjsncb : liability for • instruction ' I. In announcing, in an instruction given to the jury, the rule of contributory negligence on the part of the person injured in his property, the court expressed A ° *■ *• 7 -i it to the effect that such negligence must have contributed directly to the injury in order to excuse defendant for want of care.
The negligent act of a party must be the immediate, proximate, cause of an injury to render him liable therefor. . If the injury be the remote consequence of the act, it is not a ground of recovery. The act must have produced immediately,…
2Cases cited2 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Jackson v. C. & N. W. Ry. Co.Supreme Court of Iowa · 1873
3Cited by7 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Gulf Atlantic Warehouse Co. v. BennettAlabama Court of Appeals · 1951
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Locke v. S. C. & P. R. Co.Supreme Court of Iowa · 1877
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