Kellow v. Central Iowa R'y Co.
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit -Court. Plaintiff’s intestate was killed while traveling as a passenger on one of defendant’s trains, and this action is prosecuted for the recovery of the damages sustained by his estate in consequence of his death. The cause was tried to a jury, who returned a verdict for defendant. Plaintiff filed a motion for a new trial, in which he alleged twenty-one grounds for setting aside the verdict.
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Appeal from Cerro Gordo Circuit -Court. Plaintiff’s intestate was killed while traveling as a passenger on one of defendant’s trains, and this action is prosecuted for the recovery of the damages sustained by his estate in consequence of his death. The cause was tried to a jury, who returned a verdict for defendant. Plaintiff filed a motion for a new trial, in which he alleged twenty-one grounds for setting aside the verdict. This motion was sustained as to one of the grounds alleged, and overruled as to all the others. Both parties appeal; defendant’s appeal being first perfected.
1Opinion of the CourtNeed, J.
The accident in which decedent lost his life occurred at Mason City Junction, between nine and ten o’clock on the evening of the twenty-first of June, 1881. Defendant’s railroad runs north and south, and at the place where the accident occurred it crosses the main line of the Chicago, Milwaukee & St. Paul Nailway. This latter company has a yard situated about one-half mile west of the crossing, and a branch road operated by it, and .known as the “ Austin Branch,” runs in a north-easterly direction from this yard, crossing defendant’s track some distance north of the point where it crosses the…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Cuddy v. HornMichigan Supreme Court · 1881
- Kennedy v. Standard Sugar RefineryMassachusetts Supreme Judicial Court · 1878
- Sales v. Western Stage Co.Supreme Court of Iowa · 1857
- Frink & Co. v. CoeSupreme Court of Iowa · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Smith v. WhitakerSupreme Court of New Jersey · 1999
- Dillon v. Great Northern Railway Co.Montana Supreme Court · 1909
- Waterloo Savings Bank v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1953
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
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