Miller v. C. & N. W. R.
Supreme Court of Iowa
Appeal from Story Circuit Court. This is an action to recover double damages for tbe killing of plaintiff’s borse, upon defendant’s depot grounds, by a train running, it is alleged, at a greater rate of speed than eight miles an hour. Upon motion of the defendant, all that portion of the petition relating to double damages was stricken out.
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Appeal from Story Circuit Court. This is an action to recover double damages for tbe killing of plaintiff’s borse, upon defendant’s depot grounds, by a train running, it is alleged, at a greater rate of speed than eight miles an hour. Upon motion of the defendant, all that portion of the petition relating to double damages was stricken out. The defendant denied the allegations of the petition, and alleged that the plaintiff contributed to the injury by allowing his horse to run at large in the vicinity of the depot grounds. There was a jury trial resulting in a verdict and judgment for the…
1Opinion of the CourtDay, J.
i.kaiuroads: verdíct:'evi-: donce. I. It is insisted by the defendant that the verdict is not supported by the evidence. Section 1289 of the Code provides: “The operating of trains upon depot grounds necessarily used by the company andpubiiCj where no such fence is built, at a greater rate of speed than eight miles per hour, shall be deemed negligence and render the company liable under this section.” There was evidence tending to show, and from which the jury could have found, that the train in question, when it passed the east switch and entered upon the depot grounds, was running at a rate…
2Cases cited1 opinion
- Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
3Cited by4 opinions
- Stevenson v. StouferSupreme Court of Iowa · 1946
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Baker Wire Co. v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1898