Payne v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Madison District Court. Action at law to recover for personal injuries inflicted upon plaintiff by a train on defendant’s railroad striking a wagon, in which plaintiff was riding, at a place where a highway crossed defendant’s railroad. There was a verdict and judgment for plaintiff. Defendant appeals. The cause has before been in this court, see 39 Iowa, 523.
1Opinion of the CourtBeck, J.
i NEGT.Iroads^sign’ at crossing, I. The plaintiff, with others, was riding in a wagon upon a highway which crossed defendant’s railroad, -A-f the crossing their wagon was struck by a pass-train, and plaintiff was severely injured. Much evidence was introduced upon the question of care exercised by plaintiff, and of the negligence of defendant. Among other facts established by the evidence, it was shown that the sign, required by law, had not been erectéd at the crossing. Upon this evidence, the court instructed the jury as follows: “ It was, and is, the duty of railroad companies, at all…
2Cases cited2 opinions
- Dodge v. Burlington, C. R. & M. R. R.Supreme Court of Iowa · 1872
- Bartruff v. RemeySupreme Court of Iowa · 1863
3Cited by11 opinions
- Hansen v. KemmishSupreme Court of Iowa · 1926
- State ex rel. Shaver v. Iowa Telephone Co.Supreme Court of Iowa · 1915
- Sala v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
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