Stephens v. D. & St. P. R. Co.
Supreme Court of Iowa
Appeal from, Jackson Cvrcuit Court. This action is brought to recover double the value of four hogs worth seven dollars each, and two brood sows worth twenty dollars each, alleged to have been killed on the defendant’s railroad.
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Appeal from, Jackson Cvrcuit Court. This action is brought to recover double the value of four hogs worth seven dollars each, and two brood sows worth twenty dollars each, alleged to have been killed on the defendant’s railroad. The plaintiff, in his petition, avers that the defendant’s railroad extends from Davenport to Maquoketa, and is run and operated by the defendant; that said railroad is not fenced on either side, nor has it cattle-guards as required by law; that the plaintiff’s hogs were, on the 4th of January, 1872, lawfully on his lands, lying along said railroad in the township of…
1Opinion of the Court
Cole, J.—
Counsel for the respective parties agree in stating the following as the only question for the court to determine in this case, to wit: Is a railroad company which has constructed a railroad and is actually operating it, liable for injuries to stock caused by another company also using the road? The determination of this question depends upon the construction of two statutes. The first is section 6, chapter 169 of Laws of 1862, as follows: “Any railroad company hereafter running or operating its road in this State, and failing to fence such road on either or both sides thereof…
2Cases cited4 opinions
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
- Hinman v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1870
- Liddle v. Keokuk, Mt. Pleasant & M. R. R.Supreme Court of Iowa · 1867
- Stewart v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
3Cited by12 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- McCabe's Admx. v. Maysville & B. S. R.Court of Appeals of Kentucky · 1902
- Smith v. Sioux City Stock Yards Co.Supreme Court of Iowa · 1935
- Illinois Central Ry. Co. v. Sheegog's Admr.Court of Appeals of Kentucky · 1907
- McGraw v. SeigelSupreme Court of Iowa · 1935
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