Peyton v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Dallas District Court. ActioN for double tlie value of two horses, which, it is alleged, were killed by a train of the defendant, at a point on its railroad where the road was not fenced, but where the right to fence existed. It is claimed by the defendant that the animals were killed upon the depot grounds of the railroad where there was no right to fence. There was a trial by jury, and a verdict and judgment for the plaintiff: Defendant appeals.
1Opinion of the CourtRotheooK, J.
It appears from the evidence that the horses in question were struck and killed by a train of the defendant, at a point on its main line of road about 140 feet west of the switches or side tracks at the 'town of De Soto, in Dallas county. The railroad was located and built before the town was laid out, and the town is on the north side of the railroad, and is so laid out that the ends of the streets abut on the railroad right of way. No part of the land on the south side of the railroad was platted as part of the town. The land south of the right of way was inclosed by a fence, as well as a…
2Cases cited2 opinions
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Cole v. C. & N. W. R. R.Supreme Court of Iowa · 1874
3Cited by2 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894