Barry v. Burlington Railway & Light Co.
Supreme Court of Iowa
Appeal from Des Moines Disriet Court. — Hon. W. S. •Withrow, Judge. Action by an administrator to recover damages for the death of his decedent, a boy of about sixteen years of age, alleged to have been caused by the negligence of servants of defendant operating an electric street railway car, whereby the said car, being operated on the tracks of the defendant, was run against and over the deceased, causing his death.
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Appeal from Des Moines Disriet Court. — Hon. W. S. •Withrow, Judge. Action by an administrator to recover damages for the death of his decedent, a boy of about sixteen years of age, alleged to have been caused by the negligence of servants of defendant operating an electric street railway car, whereby the said car, being operated on the tracks of the defendant, was run against and over the deceased, causing his death. At the close of the evidence for plaintiff, defendant’s motion to direct a verdict in its favor was sustained, and judgment was thereupon rendered for defendant, from which…
1Opinion of the CourtMcClain, J.
The evidence for plaintiff tended to show that the deceased attempted to cross defendant’s street car track on one of the public streets of the city of Burlington in front of one of defendant’s electric cars, moving at the rate of about six miles an hour; that there was nothing to prevent deceased from seeing the approaching car, had he taken any precaution for his, own safety; that he was struck by the car while on the track; that he threw up one arm, and with it caught the front part or dashboard of the car, and was carried some distance (p erhaps twenty feet), when the car passed over him;…
2Cases cited10 opinions
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Orr v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1895
- Bergman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Purcell v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Kelley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Wilson v. Illinois Central RailroadSupreme Court of Iowa · 1911
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911
- Doherty v. Des Moines, City Railway Co.Supreme Court of Iowa · 1907
25 more not listed; retrieve them via the Exa API.