Lathrop v. Central Iowa R'y Co.
Supreme Court of Iowa
Appeal from Franlcli/n District Court. Plaintiff brought this action to recover damages for an injury to certian horses belonging to him, which he alleges were struck by a locomotive and train of cars on defendant’s railway.
Read the full summary
Appeal from Franlcli/n District Court. Plaintiff brought this action to recover damages for an injury to certian horses belonging to him, which he alleges were struck by a locomotive and train of cars on defendant’s railway. It is charged in the petition that tbe injury occurred at a point on defendant’s track where it bad tbe right to fence tbe same against live stock running at large, but that it had neglected to fence the track at that point, and the injury was occasioned by this neglect. It is also alleged that the affidavit and notice prescribed- by section 1289 of tbe Code were served…
1Opinion of the Court
Eeed, J., 1. RAILROADS: trick inienoe towns. I. In addition to their general verdict, the jury found specially that the animals were struck at a point on defendant’s railway track where the same was J crosse(l by a platted street or alley of the town 0f Steam-boat Eock, and that they got upon the right of way at the point where it was crossed by said street or alley. The evidence given on the trial shows that defendant had not fenced its track at any point within the platted portion of the town. It also shows that no crossing was maintained at the point where the injury occurred, and that the…
2Cases cited3 opinions
- Davies v. HuebnerSupreme Court of Iowa · 1877
- McDunn v. City of Des MoinesSupreme Court of Iowa · 1874
- Wenzel v. KempmeierSupreme Court of Iowa · 1880
3Cited by9 opinions
- Sullens v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
- Gibson v. Iowa Central Railway Co.Supreme Court of Iowa · 1907
- Chicago, Rock Island & Pacific Railway Co. v. City of Council BluffsSupreme Court of Iowa · 1899
- Railroad v. HughesTennessee Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.