Van Horn v. B., C. R. & N. R'y Co.
Supreme Court of Iowa
Appeal from Benton District Oourt. Action to recover the value of certain horses alleged to have been killed by reason of the negligence of the defendant in running one of its trains. The accident occurred in the city of Yinton, between one and two o’clock at night. The plaintiff had turned the horses loose. They strayed upon the defendant’s track and lay down at a point where the track crossed one of the streets of the city.
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Appeal from Benton District Oourt. Action to recover the value of certain horses alleged to have been killed by reason of the negligence of the defendant in running one of its trains. The accident occurred in the city of Yinton, between one and two o’clock at night. The plaintiff had turned the horses loose. They strayed upon the defendant’s track and lay down at a point where the track crossed one of the streets of the city. The negligence complained of is, that the defendant was running its train at an improper rate of speed. The defendant denied all negligence upon its part, and averred…
1Opinion of the CourtAdams, J.
I. Two persons were allowed to testify against the objection of the defendant, that they judged from the sound of the train that at the time of the accident it was running very rapidly and more than six miles an hour, which it appears was the highest speed allowed by ordinance of the city. The defendant insists that the speed of a moving train cannot be determined by the sound with sufficient accuracy to justify the- admission of evidence in regard to it, where the witness has no knowledge of it except as derived from the sound.
Small differences in the speed of moving trains cannot probably…
2Cases cited2 opinions
- Hyatt v. Wait & SimmonsNew York Supreme Court · 1862
- Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
3Cited by10 opinions
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Hayungs v. FalkSupreme Court of Iowa · 1947
- Kern v. Des Moines City Railway Co.Supreme Court of Iowa · 1908
- Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
- Pierson, Jr. v. FredericksonNew Jersey Superior Court Appellate Division · 1968
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