Plaster v. Illinois Central R. R.
Supreme Court of Iowa
Appeal from Dubuque Cvreuit Oowrt. This action is brought to recover the value of a mare belonging to the plaintiff which, it is alleged, was killed by the negligent running of a train of freight cars on defendant’s railroad, at the depot on said road in Dyersville. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtMiller, J.
It is insisted by appellant’s counsel, that there is no sufficient evidence to sustain the verdict in this case. Counsel agree that, in order to entitle the plaintiff to recover, it must be shown that the mare was killed through the negligence of the defendant.
The witnesses on behalf of the plaintiff testify that they saw the train after it had passed the depot; that it was running fa- ter' than they generally do; that the train did not stop at the station ; that they saw plaintiff’s mare after she was killed, a short distance south of the track at the depot. None of the witnesses saw the…
2Cited by3 opinions
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Latty v. B., C. R. & M. R'y. Co.Supreme Court of Iowa · 1874
- Case v. Illinois Central R. R.Supreme Court of Iowa · 1874