Henderson v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Polk District Oourt. This is an action for the‘recovery of double the value of a mare killed on defendant’s road. There was a jury trial, and a verdict and judgment for $269.91. Defendant appeals. This case was before us on a former appeal (see 39 Iowa, 220), and the evidence is now the same as then. The facts are stated in the opinion. JUNE TEEM, 1876:
1Opinion of the CourtDay, J.
I. The Chicago, Eock Island & Pacific Eailroad runs east and west past, and immediately south of, the residence of one Lysander Harvey. The Des Moines Yalley Eailroad runs about seventy feet from, south of, and parallel to, the Chicago, Eock Island & Pacific. The public highway extends along and immediately south of these railroads and crosses them from one hundred and twenty-five to one hundred and fifty yards west of Harvey’s house. There is a fence on the north of, one on the south of, and one between these two railroads. An open lane extends from Harvey’s house to the public crossing.…
2Cases cited1 opinion
- Henderson v. C. R. I. & P. R.Supreme Court of Iowa · 1874
3Cited by1 opinion
- Scheffer v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1917