Dalton v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Louisa District Court. — Hon. D. Ryan, Judge. Action to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of defendant. At the close of the evidence on behalf of the plaintiff, the court, on motion of the defendant, ■directed a verdict for the defendant, and rendered judgment thereon. Plaintiff appeal®.
1Opinion of the CourtGiven, J.
1 I. The accident which resulted in the death of James E. Dalton occurred about 3:50 o’clock A. m., December 26,1894, at the crossing of Linn street and the defendant’s track in the incorporated town of Lettsville. The night was dark and cold, and the roads rough. Deceased, seated alone in a somewhat worn, sidebar, covered buggy, drawn by two horses, when passing north over said crossing was struck by defendant’s fast passenger train going east, and he and the horses were killed. The negligence charged against the defendant is that the train was run at a high and unlawful rate of speed, and…
2Cases cited1 opinion
- Hopkinson v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
3Cited by25 opinions
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Hittle v. JonesSupreme Court of Iowa · 1933
- Bell v. Incorporated Town of ClarionSupreme Court of Iowa · 1901
- Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
- Ellis v. Republic Oil Co.Supreme Court of Iowa · 1906
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