Treadway v. S. C. & St. P. R. Co.
Supreme Court of Iowa
Appeal from Woodbivry District Court. AotioN to recover double tbe value of a cow owned by-plaintiff, alleged to have been killed by a train of cars operated by defendant at a point where the railroad upon which the train was running was not fenced, though the right existed to fence it at the place. The cause was submitted to the court without a jury, and a judgment was rendered for defendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
The cow of jdaintrff was killed upon a railroad owned by the Cedar Falls & Sioux City ¿Railroad Company. The Illinois Central Railroad Company leased the road, and the defendant runs its trains thereon under a lease, or contract, with that company. The first count of defendant’s answer denies all the allegations of the petition involving its liability; another count, confessing that the animal was killed by a train of cars run by defendant, alleges, in avoidance, that the road was fenced by the Ill. Cen. R. Co., which alone had the right to fence, and that the fence so constructed was kept in…
2Cases cited3 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Grash v. SaterSupreme Court of Iowa · 1858
- Quigley v. MerrittSupreme Court of Iowa · 1860
3Cited by23 opinions
- Hicks v. . Manufacturing Co.Supreme Court of North Carolina · 1905
- Mahoney v. State InsuranceSupreme Court of Iowa · 1907
- Metropolitan National Bank v. Commercial State BankSupreme Court of Iowa · 1898
- Cooley v. KillingsworthSupreme Court of Iowa · 1930
- Brown v. HebbCourt of Appeals of Maryland · 1934
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