Shuck v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Davis District Cowt — PIon. Dell Stuart, Judge. This is au action for the recovery of double damages for killing and injuring certain live-stock, the property of the plaintiff, by a train of cars on the defendant’s railroad. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the Court
Rotiirock, J\
i TENDEif oíiTcomu-1*'1" tl0ns' I. The action was brought under the provisions of section 1289 of the- Code, which authorizes the recovery of double damages for injury to live®tock by the operation of a railroad, where such injury occurs by reason of want of a fence at a jfiace where the railroad company has the legal right to fence, but fails to do so. The injury complained of consisted of the killing of a colt, and an injury to a mare. The colt was killed on the 9th day of October, 1886, and the mare was injured on the 22d day of August, in the same year. The defendant admitted…
2Cited by3 opinions
- Costello v. PomeroySupreme Court of Iowa · 1903
- Hansen v. McCoy & McCoySupreme Court of Iowa · 1936
- Chase v. WrightSupreme Court of Iowa · 1902