Lemmon v. Chicago & Northwestern R. R.
Supreme Court of Iowa
Appeal from Clinton Circuit Court. . The plaintiff claims of defendant damages for tbe alleged killing of a colt by defendant, at a point on its road where defendant had a right to fence, and occasioned, it is alleged, by reason of the neglect of defendants to maintain and keep in repair said fence.
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Appeal from Clinton Circuit Court. . The plaintiff claims of defendant damages for tbe alleged killing of a colt by defendant, at a point on its road where defendant had a right to fence, and occasioned, it is alleged, by reason of the neglect of defendants to maintain and keep in repair said fence. The defendant denies that the said animal was injured by reason of the neglect of defendants to maintain and keep in repair the said fence, and alleges that the fence between the premises of the plaintiff and the railroad was, at the time of the injury, a good, lawful and sufficient fence. Trial…
1Opinion of the Court
Day, Ch. J.
i- raidboad.: stock killed, I. It was shown upon the trial that the defendant had fenced its road at the point where the injury occurred. The principal questions made at the trial, under the issue, were as to the sufficiency of the fence, and whether the injury resulted from the neglect and failure of defendant to maintain and keep it in repair. Upon this branch of the case the defendant asked the court to instruct the jury as follows: “After a railroad company has fenced its road on both sides thereof, at all points where it has a right to fence, with a good and lawful fence, then…
2Cases cited1 opinion
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
3Cited by3 opinions
- Davis v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
- Shellabarger v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1885
- Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904