Schmidt v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. C. M. Waterman, Judge. The plaintiff’s husband was killed by a train on the defendant’s road at the crossing of Fourth street in the city of Clinton, and she, as administrates:.of his estate, seeks to recover the damages sustained. Trial by jury, verdict and judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtServers, C. J.
— The deceased, in the forenoon of the sixteenth day of June, 1887, was traveling in his wagon, drawn by two horses driven by himself, on Fourth street, in the city of Clinton. He was going from the north to the south, and Fourth street is crossed by ten railroad tracks. The first eight, numbering from the north, belong to the Chicago & Northwestern Railway Company; the remaining two to the defendant. The evidence, without conflict, shows that the deceased did not stop his team after he passed onto the first track, and that he was struck and killed by a train of cars which was being backed on…
2Cases cited2 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
3Cited by9 opinions
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895
- Winey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- Nixon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892
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