Tredway v. S. C. & St. P. R.
Supreme Court of Iowa
Appeal from Woodbury District Court. Action to recover under the statute double the value of a cow killed by a train of cars upon defendant’s road at a point where it was not fenced, and where defendant had the right to fence. The cause was submitted to the court without a jury, and upon a finding of facts judgment was rendered for plaintiff in double, the value of the animal killed. Defendant appeals. The cause has before been in this court. See 39 Iowa, 663.
1Opinion of the CourtBeck, J.
The questions involved in the case may be most conveniently considered in the order we find them discussed in the argument of defendant’s counsel.
i. oonktitucoustraetion doubieuiamases' I. It is first urged that the'statute qnder which recovery is authorized to the extent of double the value of the live slock destroyed by railroad trains at points where the roads are not fenced and the right to fence exists, is in conflict with section one of the Fourteentli Amendment to the Constitution of the United States, which forbids a state to “ deny to any person *528withimits jurisdiction the equal…
2Cases cited2 opinions
- Hinman v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1870
- Fritz v. Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1872
3Cited by5 opinions
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
- Rutledge v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Burchette v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1975
- Fletcher v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880