Legal Opinion

Allen ex rel. Allen v. Ames College Railway Co.

Supreme Court of Iowa

Decided October 26, 1898PublishedCited by 7 opinions

Appeal from Story District Court. — Hon. S. M. Weaver, Judge. Action at law to recover damages for injuries sustained by plaintiff growing out of the alleged negligence of the defendant in backing its train upon him without warning or signals, and without having a lookout at the rear end of the train. Trial to a jury, resulting in a verdict and judgment for plaintiff in the sum of seven thousand dollars. Defendant appeals.

1Opinion of the CourtDeemer, C. J.

1 -Defendant is a railway corporation operating a line of road about two miles long between the city of Ames, in Story county, and the State Agricultural College.. Its motive power is steam, and it not only transports passengers, but is a carrier of freight as well. One of its terminals and its depot and train shed is adjacent to what is known as “Onondaga Street,” in the city of Ames. This street runs nearly east and west, and is intersected just west of the depot by what is known as “Duff Street.” David Allen, the plaintiff, a boy of about six years of age, was passing west along or near…

2Cases cited3 opinions

  1. State v. CarnagySupreme Court of Iowa · 1898
  2. Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
  3. Nelson v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874

3Cited by7 opinions

  1. Keyes v. City of Cedar FallsSupreme Court of Iowa · 1899
  2. Cassingham v. BerrySupreme Court of Oklahoma · 1915
  3. Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
  4. Knott v. PetersonSupreme Court of Iowa · 1904
  5. Peters Branch of International Shoe Co. v. BlakeSupreme Court of Oklahoma · 1918

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