Jackson v. C. & N. W. Ry. Co.
Supreme Court of Iowa
Appeal from, Olmton Circuit Court. Action to recover the value of a yearling colt, killed by the defendant’s train at a highway crossing. Trial to a jury; verdict for plaintiff for $50. The defendant appeals.
1Opinion of the CourtCole, J.
— There is no conflict whatever in the evidence. The plaintiff was the owner of the colt, worth $50, and it was killed by the defendant’s train at a highway crossing, on December 24, 1870. The plaintiff owned seven head of horses, and they were running on the highway to get water; they were standing near the crossing on the highway, one or two rods from the railroad track, when the train whistled for the lower crossing, about a half mile distant, and which was heard at the crossing where the colt was killed; two or three of the horses went on the track and then ran off toward the barn, and as…
2Cases cited3 opinions
- Chicago & Mississipi Railroad v. PatchinIllinois Supreme Court · 1854
- Illinois Central Railroad v. PhelpsIllinois Supreme Court · 1862
- Pittsburgh, Fort Wayne, & Chicago Railroad v. KarnsIndiana Supreme Court · 1859
3Cited by2 opinions
- Gates v. B., C. R. & M. R. Co.Supreme Court of Iowa · 1874
- Graybill v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901