Barnard v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — 'IIon. Edmund Nioiiols, Judge. Action at law to recover damages for the negligent killing of stock at a highway crossing by one of defendant’s trains. Trial was had to a jury, and there was. verdict and judgment for plaintiff. Defendant appeals.—
1Opinion of the Court
Bishop, J.—
It is alleged in the petition that the cattle of plaintiff were standing on a highway crossing as defendant’s train running at a high rate of speed approached such crossing; that the cattle were in plain view of the engineer in charge of the train for a distance of about a mile; that, disregarding the fact of the presence of the cattle, such engineer failed and neglected to sound his whistle or otherwise give alarm of the approach of the train; and that he made no attempt to slacken the speed of his train, but carelessly- and negligently ran his engine into the cattle, killing…
2Cases cited1 opinion
- Wooster v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
3Cited by1 opinion
- Bourrett v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1911