Legal Opinion

Smith v. Chicago, R. I. & P. R. R.

Supreme Court of Iowa

Decided July 25, 1872PublishedCited by 10 opinions

Appeal from Johnson Oirouit Cou/rt. Action to recover damages for cattle injured and killed by tbe defendant’s engine and train of cars. The plaintiff obtained a verdict for $220.95. The defendant appeals. The further facts are stated in the opinion.

1Opinion of the CourtCole, J.

There is no conflict or difference whatever in the testimony of the witnesses in the case. The plaintiff was the owner of two steers killed, and one so badly injured as to be worthless, and their real value was the sum found by the jury. They were killed and injured by the defendant’s train on its unfenced depot grounds, and just in front of its passenger platform, at Tiffin, a station *507a few miles west of Iowa City, at a little after ten o’clock at night of the 15th of June, 1870. The train was going west, and was known as the “lightning express,” making no stop at Tiffin ; it was on time and…

2Cases cited3 opinions

  1. Wagner v. BissellSupreme Court of Iowa · 1856
  2. Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
  3. Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859

3Cited by10 opinions

  1. Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
  2. Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
  3. Keeney v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
  4. Latty v. B., C. R. & M. R'y. Co.Supreme Court of Iowa · 1874
  5. Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876

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