Case v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from, Dallas District Court. — Hon. J. H. Apple-gate, Judge. Action at law to recover damages for personal injuries alleged to have been caused by negligence on the part of the defendant. There was a trial by jury, and a verdict for the plaintiff in the sum of fifty dollars. Special findings wer~ returned by the jury, upon which the court, on the motion of the defendant, rendered judgment in its favor for costs. The plaintiff appeals.
1Opinion of the CourtRobinson, J.
The petition alleges that a railway owned and operated by the defendant crosses a public highway a short distance .east of the city of Perry; that on the seventh day of June, 1894, while the plaintiff was on her way to Perry, riding in a buggy drawn by a single horse, and approaching from the north the crossing described, a train of the defendant passed over the crossing from the east; that the employes of the defendant, who were operating the locomotive engine of the train, neglected and omitted to sound the whistle at least sixty rods before reaching the crossing, and failed and neglected…
2Cases cited8 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
- Conners v. Burlington C. R. & N. R'y Co.Supreme Court of Iowa · 1887
- Nixon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
- Haines v. Illinois Central R.Supreme Court of Iowa · 1875
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3Cited by2 opinions
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Fischer v. Hawkeye StagesSupreme Court of Iowa · 1949