Legal Opinion

Buchanan v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Iowa

Decided October 8, 1888PublishedCited by 7 opinions

Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. This is an action to recover for a personal injury, and for damages to a liorse and buggy, occasioned, as is alleged, by the negligence of a flagman at a street crossing of the track of the defendant’s railroad, and the tracks of the Chicago & Northwestern Railway Company, and the Burlington, Cedar Rapids & Northern Railway Company. There was a trial by jury.

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Appeal from, Linn District Court. — Hon. J. H. Preston, Judge. This is an action to recover for a personal injury, and for damages to a liorse and buggy, occasioned, as is alleged, by the negligence of a flagman at a street crossing of the track of the defendant’s railroad, and the tracks of the Chicago & Northwestern Railway Company, and the Burlington, Cedar Rapids & Northern Railway Company. There was a trial by jury. At the close of the introduction of the plaintiff’s evidence a motion was made by defendant’s counsel to direct the jury to return a verdict for the defendant. The motion was…

1Opinion of the CourtRothrock, J.

— I. The material facts in the case are in substance as follows: The defendant, and the Chicago & Northwestern Railway Company, and the Burlington, Cedar Rapids & Northern Railway Company, all have railroad tracks on Fourth street, in the city of Cedar Rapids. The street, while not laid out with the cardinal points of the compass, may, for the purposes of this opinion, be said to run east and west.. On the west side of the street are two tracks belonging to the Northwestern road; next is the track of the Burlington, Cedar Rapids & Northern road ; and on the east side of the street is the…

2Cases cited1 opinion

  1. Kellogg v. PayneSupreme Court of Iowa · 1866

3Cited by7 opinions

  1. Terry v. BurfordTennessee Supreme Court · 1914
  2. Denver & Rio Grande Railroad v. GustafsonSupreme Court of Colorado · 1895
  3. Moore v. Southern RailroadSupreme Court of North Carolina · 1914
  4. Seaboard Air Line Railway Co. v. EbertSupreme Court of Florida · 1931
  5. Dubuque Motor Express Co. v. PayneSupreme Court of Iowa · 1923

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