Haines v. Illinois Central R.
Supreme Court of Iowa
Appeal from Buchanan Circuit Court, This is an action to recover for an injury to the plaintiff and Ms team -by collision with an engine and train of the defendant, at a railroad and highway crossing. The plaintiff in his petition avers the injury, the negligence by defendant’s employes, and the exercise of care by the plaintiff. The defendant in its answer denies the averments of the petition.
Read the full summary
Appeal from Buchanan Circuit Court, This is an action to recover for an injury to the plaintiff and Ms team -by collision with an engine and train of the defendant, at a railroad and highway crossing. The plaintiff in his petition avers the injury, the negligence by defendant’s employes, and the exercise of care by the plaintiff. The defendant in its answer denies the averments of the petition. Upon a jury trial there was a verdict and judgment for the plaintiff, for eleven thousand dollars. The defendant appeals. The omission of a person', about to cross a railway track when the view of the…
1Opinion of the Court
Cole, J. —
The injury occurred'at the railroad and highway crossing, about six miles west of the city of Dubuque, on October 10, 1872. The plaintiff had lived within a quarter pf a mile of the crossing for sixteen or seventeen years, and ever since the railroad was built, and was in the habit of crossing there daily, and often. The ordinary time for the train to pass the crossing was a few minutes after twelve o’clock noon, but it did not pass on the day of the accident until a few minutes before one o’clock. The train was running from the west to the east, a down grade; at the crossing, which…
2Cases cited8 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Bancroft v. Boston & Worcester RailroadMassachusetts Supreme Judicial Court · 1867
- Dodge v. Burlington, C. R. & M. R. R.Supreme Court of Iowa · 1872
- Carlin v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1899
- Hecker v. Oregon RailroadOregon Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.