C. & N. W. R'y Co. v. Dunn
Supreme Court of Iowa
Apjpealfrom Clinton Ci/rouit Cov/rt. The plaintiff’s petition alleges that it is a duly organized corporation, and that during the month of February, 1881, it was operating a line of railway in Clinton county, passing through a farm occupied by defendant; that where plaintiff’s railway passes through defendant’s farm plaintiff had its right of way fenced against live stock running at large, and had constructed and maintained a private crossing for the accommodation of…
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Apjpealfrom Clinton Ci/rouit Cov/rt. The plaintiff’s petition alleges that it is a duly organized corporation, and that during the month of February, 1881, it was operating a line of railway in Clinton county, passing through a farm occupied by defendant; that where plaintiff’s railway passes through defendant’s farm plaintiff had its right of way fenced against live stock running at large, and had constructed and maintained a private crossing for the accommodation of defendant, and erected gates at said crossing for the purpose of keeping live stock off of its right of way, which gates…
1Opinion of the CourtEat, J.
Under the allegation of the petition, the defendant was guilty of an active wrong. Eor the purpose of protecting him from injury the company owed him no duty, and was under no obligation. If the defendant’s horse had strayed upon the railway through the gate and been injured, he could not, except in a case of gross negligence upon the part of the company, recover therefor. Russell v. Hanly, 20 Iowa, 219 (221). The defendant having by his willful act removed the gate, and enabled Engle’s horse to pass upon the railroad track and be injured, Engle might have maintained an action directly…
2Cases cited4 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Howell v. WilsonIndiana Supreme Court · 1831
- City of Ottumwa v. ParksSupreme Court of Iowa · 1876
- Russell v. HanleySupreme Court of Iowa · 1866
3Cited by14 opinions
- Peters v. LyonsSupreme Court of Iowa · 1969
- Rozmajzl v. Northland Greyhound LinesSupreme Court of Iowa · 1951
- Chicago & North Western Railway Co. v. Chicago, Rock Island & Pacific RailroadDistrict Court, N.D. Iowa · 1959
- Horrabin v. City of Des MoinesSupreme Court of Iowa · 1924
- Weidert v. Monahan Post Legionnaire Club, Inc.Supreme Court of Iowa · 1952
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