Swisher v. Interurban Railway Co.
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. James D. Gamble, Judge. ■ Action to recover damages for the loss of plaintiff’s horse as the result of an accident at a highway crossing in which an electric car with two freight cars and a caboose attached thereto came into contact with said horse through the alleged negligence of defendant’s motorman in charge of the electric car in failing to sound the whistle and ring the bell on said car, as required by law, on approaching said…
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Appeal from Dallas District Court. — Hon. James D. Gamble, Judge. ■ Action to recover damages for the loss of plaintiff’s horse as the result of an accident at a highway crossing in which an electric car with two freight cars and a caboose attached thereto came into contact with said horse through the alleged negligence of defendant’s motorman in charge of the electric car in failing to sound the whistle and ring the bell on said car, as required by law, on approaching said crossing, and his failure to give any other signal or warning of the approach of the car to the crossing, and also his…
1Opinion of the Court
McClain, J. —
During the nighttime plaintiff’s horse escaped from his premises and went along the’ highway jto a point where it is crossed by the-track of the. defendant’s *386electric road. There it was struck and killed by defendant’s car. ‘There was evidence tending to show that, although the car was provided with an air whistle and a gong or bell, the whistle was not sounded nor the gong rung on approaching the crossing, even after the motorman observed the horse on such crossing. There was also evidence tending to show that the car was not stopped until it had passed three or four hundred…
2Cases cited5 opinions
- McLeod v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1904
- Cedar Rapids & Marion City Railway Co. v. City of Cedar RapidsSupreme Court of Iowa · 1898
- Graybill v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Fidelity Loan & Trust Co. v. DouglasSupreme Court of Iowa · 1898
- McGill Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
3Cited by2 opinions
- Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
- McSpadden v. AxmearSupreme Court of Iowa · 1921