Kling v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Wapello District Gourt. — How. Eobert Sloan, Judge. Action to recover double damages, under tlie statute, for tbe killing of two colts and one jenny, by one of defendant’s trains. Verdict and judgment were rendered for plaintiff, and defendant appeals.
1Opinion of the CourtGiven, C. J.
1 I. There is no question but that the animals were killed by defendant’s train at a place where defendant had a right to fence; that said animals escaped from an adjoining'pasture, where they were kept, through a gate placed by defendant in its right of way fence, át a private crossing on the farm occupied, by plaintiff, or that the proper notice and affidavits were served. The “contention of the defendant is that there is no evidence tending-to show that the gate was insufficient, or, even if the jury were authorized to find that it was- insufficient, that *135there is no evidence tending to…
2Cases cited4 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Bothwell v. C., M. & St. P. R.Supreme Court of Iowa · 1882
- Koenigs v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
3Cited by12 opinions
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
- Norman v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1909
- Sloanaker v. HowertonSupreme Court of Iowa · 1918
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