Legal Opinion

Annaker v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided October 22, 1890PublishedCited by 16 opinions

Appeal from Polk District Court. — Hon. Marcus Kavanagh, Judge. Action to recover damages for tlie alleged negligence of the defendant’s employes in backing a train of cars, propelled by an engine, against the plaintiff’s wagon and horses at a street crossing, whereby they and the plaintiff were injured. The case was tried to a jury, and a verdict returned in favor of the plaintiff for twenty-one hundred and seventy-five dollars.

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Appeal from Polk District Court. — Hon. Marcus Kavanagh, Judge. Action to recover damages for tlie alleged negligence of the defendant’s employes in backing a train of cars, propelled by an engine, against the plaintiff’s wagon and horses at a street crossing, whereby they and the plaintiff were injured. The case was tried to a jury, and a verdict returned in favor of the plaintiff for twenty-one hundred and seventy-five dollars. Defendant’s motion for new trial was overruled, and judgment entered on the verdict. The defendant appeals.

1Opinion of the CourtGiven, J.

i 'Negligence: evidence. I. Appellant’s first contention is that the court erred in submitting as an element of negligence speed of the train, because not charged jn the petition, nor included in the statement of the issues made by the court, and because there-was no evidence upon which to submit the question. The allegation in the petition is that “the defendant carelessly and negligently caused the rear end of a freight train, propelled by an engine, to approach a street crossing from the east, and then and there to pass rapidly over the south one of the tracks of defendant.” In stating the…

2Cited by16 opinions

  1. Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
  2. Tisdale v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1921
  3. Galveston H. & S. A. Ry. Co. v. WellsTexas Supreme Court · 1932
  4. Hines v. Illinois Central Gulf RailroadSupreme Court of Iowa · 1983
  5. Bradley v. Interurban Railway Co.Supreme Court of Iowa · 1921

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