Starry v. Dubuque & S. W. R. Co.
Supreme Court of Iowa
Appeal from Geclar Circuit Court, Is is alleged in the petition that John Janicky, while exercising ordinary care, when crossing the track of defendant, was run over and killed by a train of cars on said road, through the fault and negligence of the defendant and its employes. There was a denial of the' allegations of the petition, in the answer, and it was alleged therein that the deceased was guilty of contributory negligence.
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Appeal from Geclar Circuit Court, Is is alleged in the petition that John Janicky, while exercising ordinary care, when crossing the track of defendant, was run over and killed by a train of cars on said road, through the fault and negligence of the defendant and its employes. There was a denial of the' allegations of the petition, in the answer, and it was alleged therein that the deceased was guilty of contributory negligence. Upon the conclusion of the evidence the court, at the request of the defendant, directed the jury to find for it, which they did, and judgment having been rendered on…
1Opinion of the CourtSeevers, J.
i ueglioenoe: caroófdeoeasl ed: railroads. — The defendant requested the court to direct the jury to find for it upon two grounds, the first being that there was no testimony tending to show negligence on its part, and, second, that the deceased was guilty of contributory negligence. The accident occurred about 6 o’clock in the evening of the 26th day of October, 1877. There was evidence tending to show it was foggy, dark and misting. The train which caused the accident consisted of two flat cars in front of the engine and *420several other cars in its rear. It was not running more than six miles…
2Cases cited2 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
3Cited by12 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Case v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1910
- Potter v. RobinsonSupreme Court of Iowa · 1943
- First National Bank of Montour v. BrownSupreme Court of Iowa · 1924
- Denver Tramway Co. v. ReidSupreme Court of Colorado · 1896
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