Murphy v. C., R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Polk Circuit Cotort. This action is brought to recover damages for the death of John Murphy, alleged by plaintiff to have been caused by the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the accident resulting in the death was contributed to and caused by the negligence and carelessness of the deceased. There was a jury trial, with' verdict and judgment for three thousand dollars for plaintiff.
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Appeal from Polk Circuit Cotort. This action is brought to recover damages for the death of John Murphy, alleged by plaintiff to have been caused by the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the accident resulting in the death was contributed to and caused by the negligence and carelessness of the deceased. There was a jury trial, with' verdict and judgment for three thousand dollars for plaintiff. The defendant appeals.
1Opinion of the CourtCole, J.
— The facts of this case are very few, and are free from complication; and the evidence establishing them is almost without conflict. To enable the reader to understand fully the case as made by the evidence, the locus in qtoo, as it is shown by the surveyor’s plat before us, should be described. The track of the defendant’s railroad through the city of. Des Moines, where the accident happened, runs substantially east and west. The line of the Des Moines Yalley railroad is upon Market street, from Tenth street west; the former residence of the deceased being at the corner of Market and Tenth,…
2Cases cited1 opinion
- State v. CollinsSupreme Court of Iowa · 1865
3Cited by17 opinions
- Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Clampit v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
- Thomas v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of Iowa · 1897
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