Mann v. S. C. & P. R.
Supreme Court of Iowa
Appeal from Harrison District Gourt. The plaintiff, as administratrix of her deceased husband, seeks to recover the damages accruing to the estate of her said husband by reason of his death, caused by a train of defendant falling through a bridge on defendant’s road, on the night of August 24th, 1875. The deceased was the engineer in charge of said train.
Read the full summary
Appeal from Harrison District Gourt. The plaintiff, as administratrix of her deceased husband, seeks to recover the damages accruing to the estate of her said husband by reason of his death, caused by a train of defendant falling through a bridge on defendant’s road, on the night of August 24th, 1875. The deceased was the engineer in charge of said train. Whether the-bridge was properly con-, structed, or had been kept in sufficient repair, or whether the deceased was guilty of contributory negligence, or whether the accident was inevitable, caused by reason of an unprecedented rain storm on…
1Opinion of the CourtSeevers, J.
i.hailboads: evidence : damages’: The accident by means of which the plaintiff’s husband was killed is the same as in Lockev. S. C. & P. R. R. Co., ante, 109. The pleadings, evidence , , i o ’ and instructions, with a single exception, are substantially the same in' both cases, and so are the grounds relied on to obtain a-reversal. The decision in that case is fully applicable to this in every respect but one, which we will proceed to notice. It was an important and material question before the jury, whether at the time of the accident the timbers and piling on which the bridge rested were…
2Cited by6 opinions
- Long v. Garey Investment Co.Supreme Court of Iowa · 1907
- Hawes v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1884
- Ellis v. LeonardSupreme Court of Iowa · 1899
- State v. LozierSupreme Court of Iowa · 1924
- First National Bank of Conneautsville v. RobinsonSupreme Court of Iowa · 1898
1 more not listed; retrieve them via the Exa API.