Manwell v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Benton District Court. — How. L. G. Kinne and How. G. M. Gilchrist, Judges. ACTION to recover double the amount oí damages to stock alleged to have been caused by reason of the failure of defendant to keep closed a gate at a point where it had the right to fence. There was a trial by jury, and a verdict and judgment for plaintiff. The 'defendant appeals.
1Opinion of the Court
Nobinsón, J.
— The plaintiff claims, and there is evidence which tends to show, that on the thirtieth day of December, 1886, he turned into his field two mares; that they escaped therefrom into a field owned by one Webster; that they escaped from Webster’s field through an open gate in the fence of defendant onto its right of way; that while there they were frightened by an *664approaching train, and in consequence broke through a barbed-wire fence of defendant, and in so doing received injuries which disabled' them for several months. On the tenth day of January, 1887, plaintiff served upon…
2Cases cited8 opinions
- C. & N. W. R'y Co. v. DunnSupreme Court of Iowa · 1882
- Marsh v. Benton CountySupreme Court of Iowa · 1888
- Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Russell v. HanleySupreme Court of Iowa · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Ford v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
- Stuber ex rel. Stuber v. GannonSupreme Court of Iowa · 1896
12 more not listed; retrieve them via the Exa API.