Artz v. Chicago, R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. Action to recover for personal injuries to the plaintiff, caused by a collision of defendant’s engine and train of cars with the plaintiff’s wagon, in which he was riding, at a highway and railroad crossing. The plaintiff, in his petition, alleged his own care, the defendant’s negligence, and the resulting injury. The defendant, by answer, denied the plaintiff’s allegations specifically.
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Appeal from Muscatine Circuit Court. Action to recover for personal injuries to the plaintiff, caused by a collision of defendant’s engine and train of cars with the plaintiff’s wagon, in which he was riding, at a highway and railroad crossing. The plaintiff, in his petition, alleged his own care, the defendant’s negligence, and the resulting injury. The defendant, by answer, denied the plaintiff’s allegations specifically. There was a jury trial, with verdict and judgment for $5,000 for plaintiff. The defendant appeals. The facts are stated in detail in the opinion.
1Opinion of the CourtCole, J.
1. Railroad giving of signals at crossings. The injury for which this action is brought was occasioned by a collision between the plaintiff’s team, which he was driving, and the defendant’s engine and train of cars going west, at a street and railway crossing in Moscow, about a quarter before nine o’clock in the evening of the 16th of April, 1870. The village of Moscow is about three miles west from Wilton, and the railroad and highway pass through both places. When they approach Moscow from the east, they cross three hundred and seventeen feet apart, a north and south public road, the…
2Cases cited19 opinions
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Galena & Chicago Union Railroad v. LoomisIllinois Supreme Court · 1852
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
14 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
79 more not listed; retrieve them via the Exa API.