Enix v. Iowa Central Railroad
Supreme Court of Iowa
Appeal from Monroe District Oourt. — Hon. M. A. Roberts, Judge. Action to recover double damages for stock killed by defendant’s train after said stock had gone upon the right of way through a defective gate at a private crossing. Judgment for plaintiff, from which defendant appeals.
1Opinion of the CourtMcClain, J.
1 *5102 *509There was some evidence that the gate had been broken down by plaintiff’s horse within two days before the stock in question passed through the gate upon the right of way, and it is contended for defendant that the court erred iii refusing to submit special interrogatories and give instructions asked on the theory that, if the stock got upon the right of way hy reason of the willful act of the owner, there can be no recovery under Code, section 2055. The difficulty is that there is no evidence in the record tending to show a willful act. It must be borne in mind that contributory…
2Cases cited2 opinions
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Moody v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1889
3Cited by13 opinions
- Heiman v. FelderSupreme Court of Iowa · 1916
- White Studio, Inc. v. DreyfoosNew York Court of Appeals · 1917
- Kirkwood v. Perry Town Lot & Improvement Co.Supreme Court of Iowa · 1916
- Claus v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1907
- Stelpflug v. WolfeSupreme Court of Iowa · 1905
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