Cox v. Burlington & Western Railway Co.
Supreme Court of Iowa
Appeal from Maliaslca District Court. — Hon. David Ryan, Judge. This is an action afc law to recover damages for the alleged killing of a mare, the property of plaintiff, by one of tke trains of the defendant, while operating its railroad. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
1. raelroads : a“3eattie-mare §enoe ioTupport verdict. I. On the first day of December, 1886, the plaintiff’s mare was turned into an enclosure through which the defendant’s railroad was constructed and in operation. The railroad right of way was not fenced. On the next qay -¿be animal was found in tbe field, some distance from tbe railroad track, with her left hind leg broken, a bruise behind her left fore leg, and a bruise on her head. She was taken to plaintiff’s barn, and died on the next day. The ground was covered with snow at ' the time, to the depth of about one foot. An investigation…
2Cited by5 opinions
- Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
- Kerry v. Pacific Marine Co.California Supreme Court · 1898
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Kerry v. Pacific Marine Supply Co.California Supreme Court · 1898
- Lister v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922