McKonkey v. C., B. & Q. R. Co.
Supreme Court of Iowa
Appeal from Adams District Court. This is an action to recover for injuries to the plaintiff’s horse, caused by the alleged negligent running of the defendant’s train against the horse, in the village of Corning. The answer is a denial, etc. The cause was tried to a jury, who found a vérdict for plaintiff for $85. The defendant appeals.
1Opinion of the CourtCole, J.
Upon tbe trial, tbe evidence offered tended to sbow that the horse was injured at one of the street and railroad crossings in Corning; and that the speed of the train was greater than ordinary; but upon these, as upon other questions, there -was a conflict in the evidence. The injury occurred March 13, 1873. The court gave to the jury this instruction: “ 5. If the train or engine was permitted to be run at a rate of speed greater than eight miles an hour within the town of Corning, it was negligence.” The trial judge certifies (under Code, Sec. 3173, which limits appeals to cases where the…
2Cases cited2 opinions
- Flattes v. The Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1872
- Latty v. B., C. R. & M. R'y. Co.Supreme Court of Iowa · 1874
3Cited by8 opinions
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
- Sterlane v. FlemingSupreme Court of Iowa · 1945
- Graves v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1928
- Cohoon v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1895
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