Morrison v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Grundy sAulrict Court. — Host. 0. F. Couch, Judge. .AotioN to recover for three colts killed by an engine and'train of cars operated by the servants of the defendant on its track, by reason of the unskillful, negligent, careless and defective construction of a gate by the defendant in its right-of-way fence at a private crossing, and by reason of said gate being of defective and nnsonnd material, in consequence of which the colts escaped from an adjoining pasture…
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Appeal from Grundy sAulrict Court. — Host. 0. F. Couch, Judge. .AotioN to recover for three colts killed by an engine and'train of cars operated by the servants of the defendant on its track, by reason of the unskillful, negligent, careless and defective construction of a gate by the defendant in its right-of-way fence at a private crossing, and by reason of said gate being of defective and nnsonnd material, in consequence of which the colts escaped from an adjoining pasture through said defective gate upon the defendant’s track. The defendant answered denying generally. From a verdict and…
1Opinion of the CourtGiven, J.
I. The first question discussed is whether the petition brings the case within the provi-1. RAILROADS: in-juryto stock: negligent con-structioll of gate: pleading. sions of section 1289 of the Code; the appellant's contention being that it does not, because it is not alleged that the stock was running at large, nor that it was injured or killed by reason of the want of a fence, and does not refer to said section Í289.. An examination of the petition and exhibits leads us to the conclusion that it shows' a cause of action under that section. It shows that the .colts escaped from a pasture…
2Cases cited8 opinions
- Close v. SammSupreme Court of Iowa · 1869
- Porter v. KnightSupreme Court of Iowa · 1884
- Mackie v. Central RailroadSupreme Court of Iowa · 1880
- Gorman v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1889
- Nutter v. RickettsSupreme Court of Iowa · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Hoeft v. State of IowaSupreme Court of Iowa · 1936
- Ott v. MurphySupreme Court of Iowa · 1913
- State of Oregon v. BlackOregon Supreme Court · 1951
- Reitman v. MillerNorth Dakota Supreme Court · 1952
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