Purcell v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Harrison District Oourt. — Hon. George W. Wakeeield, Judge. On the 21st day of March, 1895, plaintiff’s decedent was killed by one of defendant’s trains, and this action is to recover the damage sustained by the estate. The verdict was, by direction of the court, for the defendant, and the plaintiff appealed.
1Opinion of the CourtLadd, J.
Tbe deceased, Z. W. Hunt, o>n tbe day be was killed, was walking on tbe defendant’s track, towards tbe east, and when on a bridge some eight feet high was struck by a fast passenger train, known as tbe “Overland Limited,” going west. It appears without dispute that when be was first seen by tbe engineer tbe train was a, mile away, tbe track being .straight for that distance. At that time be was walking oil tbe track west of tbe bridge, but, before reaching it, stepped to' tbe south side of tbe track. Tbe 1 engineer’s attention from then on was taken by tbe semaphore at Missouri Valley, and be…
2Cases cited5 opinions
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
- Thomas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Central Railroad & Banking Co. v. VaughanSupreme Court of Alabama · 1890
- Silcott v. McCartySupreme Court of Iowa · 1883
3Cited by11 opinions
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Purcell v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Martin v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1901
- Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
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