Strever v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. H. R. Hind-man, Judge. The petition is in four counts, in the first three of which damages are sought because of fires set out or caused by defendant’s locomotives. In the fourth count recovery is sought for cattle killed and injured on one of defendant’s-depot grounds by one of its trains, negligence being charged in the operation of the train.
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Appeal from Hamilton District Court. — Hon. H. R. Hind-man, Judge. The petition is in four counts, in the first three of which damages are sought because of fires set out or caused by defendant’s locomotives. In the fourth count recovery is sought for cattle killed and injured on one of defendant’s-depot grounds by one of its trains, negligence being charged in the operation of the train. There was a recovery on each of the four counts, the general verdict being for plaintiff in the sum of one hundred and seventy-five dollars and ninety-one cents. From the judgment the defendant appealed.
1Opinion of the CourtGranger, J.
On this appeal, no question is made as to the recovery on the first three counts of the petition. As said in the statement of the case, the cattle were injured on one of the defendant’s depot grounds, and the negligence charged is that the train was being run at a rate of speed exceeding eight miles an hour, and also a failure to ring the bell and sound the whistle as by law required. It may be conceded that the averments of the petition are such that a recovery might be had because of the negligence charged in either respect upon sufficient proof, and the court so charged the jury. Upon the…
2Cases cited4 opinions
- Hall v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Reynolds v. City of KeokukSupreme Court of Iowa · 1887
- Cohoon v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1895
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1888