Walters v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Scott District Court. On tbe 29th of June, 1871, John Walters, a child a little less than two years old, was upon the track of defendant, in Eiftli street, in the city of Davenport, when a freight train of defendant ran over him, inflicting injuries of which he died in a few minutes. In August, 1871, plaintiff brought this action as the administrator of the child’s estate.
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Appeal from Scott District Court. On tbe 29th of June, 1871, John Walters, a child a little less than two years old, was upon the track of defendant, in Eiftli street, in the city of Davenport, when a freight train of defendant ran over him, inflicting injuries of which he died in a few minutes. In August, 1871, plaintiff brought this action as the administrator of the child’s estate. A former trial resulted in a verdict and judgment for plaintiff for $750. At the June term, 1873, this judgment was reversed on account of errors in instructions respecting the measure of damages. At the October…
1Opinion of the Court
Day, J. —
I. It is with much earnestness urged that the verdict is not sustained by the evidence; that it utterly fails to establish negligence upon the part of defendant, or the exercise of reasonable care upon the part of the parents of deceased. The evidence covers one hundred and twenty-eight printed pages, and it is not practicable to review it. We have perused it attentively, and feel satisfied that we would not be justified in setting aside the verdict of the jury upon the ground that the evidence does not support it. We think it furnishes data from which the jury might fairly find that…
2Cases cited6 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Johnson v. New York Central RailroadNew York Court of Appeals · 1865
- Chicago & Alton Railroad v. GregoryIllinois Supreme Court · 1871
- Warner v. Miltenberger's LesseeCourt of Appeals of Maryland · 1864
- Sheldon v. Hudson River Rail RoadNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Mayhew v. BurnsIndiana Supreme Court · 1885
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
27 more not listed; retrieve them via the Exa API.