Wiar v. Wabash Railroad
Supreme Court of Iowa
Appeal from Page District Court. — Hon. Thomas Arthur, Judge. Action at law to recover damages for injuries received by plaintiff and for damages done to an automobile resulting from a collision with one'of defendant’s passenger trains at a highway crossing in tbe northeastern part of tbe town of Coin, in Page County', Iowa. Tbe defendant denied all negligence and pleaded contributory negligence on tbe part of the plaintiff.
Read the full summary
Appeal from Page District Court. — Hon. Thomas Arthur, Judge. Action at law to recover damages for injuries received by plaintiff and for damages done to an automobile resulting from a collision with one'of defendant’s passenger trains at a highway crossing in tbe northeastern part of tbe town of Coin, in Page County', Iowa. Tbe defendant denied all negligence and pleaded contributory negligence on tbe part of the plaintiff. On tbe issues joined, the case went to a jury, resulting in a verdict and judgment for plaintiff in the sum of $1,995, with interest. Defendant appeals.
1Opinion of the CourtDeemer, J.
The. accident occurred on the evening of August 21, 1909, at a railway crossing known as the “Weaver crossing, ’ ’ which is about a mile north of the depot at the town of Coin. Plaintiff, who was driving an automobile in which he had as a guest one Hutchinson, while attempting tó cross this crossing going in an easterly direction, was struck by one of defendant’s regular trains, known as No. 50, en route from Omaha, Neb., to some point in Missouri, and his companion was killed, the automobile practically destroyed, and plaintiff himself cut, bruised, and injured. It is claimed that the train…
2Cases cited8 opinions
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Mackerall v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1900
- Selensky v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Haman v. PrestonSupreme Court of Iowa · 1919
- Warren v. GrahamSupreme Court of Iowa · 1916
- The Wheeling Lake Erie Ry. Co. v. RichterOhio Supreme Court · 1936
- Floyd v. Serenado Manufacturing Co.Supreme Court of Iowa · 1923
- Reed v. Town of WellsburgSupreme Court of Iowa · 1917
6 more not listed; retrieve them via the Exa API.