Brentner v. C. M. & St. P. R. Co.
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. Action to recover double damages for certain cattle alleged to have been killed by one of the defendant’s trains where it bad a right to fence. There was a trial to a jury, and a verdict and judgment were rendered for tlie plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
1. RAILROADS: injury to stock: fences: evidence. I. The defendant introduced as a witness one Eandall, and offered to show by him what was the character an<^ of fence, wdiere it was claimed that the plaintiff’s cattle escaped from the enclosure and ^ent upon the defendant’s right of way. The *626plaintiff objected, unless it was shown to be at the time of the injury or a reasonable time before it. The court sustained the objection, and the defendant excepted.
The material-inquiry of course was as to the condition of the fence at the time of the injury. Evidence of its condition at a subsequent…
2Cases cited3 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870
- Atwell v. GrantCourt of Appeals of Maryland · 1857
3Cited by5 opinions
- St. Louis & S. F. R. Co. v. HartSupreme Court of Oklahoma · 1914
- Kansas City, Memphis & Birmingham Railroad v. SpencerMississippi Supreme Court · 1894
- Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904
- Daily v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Harper v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913