Fritz v. Milwaukee & St. Paul R. R.
Supreme Court of Iowa
Appeal from Howard District Court. Action to recover double the value of eight hogs, hilled by a train on defendant’s road. Judgment for plaintiff. .Defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtDay, J.
The petition alleges that, on or about the 7th day of November, 1870, the defendant, while running its train of cars, by the mismanagement of its agents, ran its cars upon and hilled eight of plaintiff’s.hogs. That said hogs were, at the time of being hilled, hept on the premises of plaintiff, and adjoining the railroad track over which said train of cars ran. That defendant had no sufficient bars, nor sufficient fence at the place along the line of its railroad where said hogs escaped or entered upon defendant’s track, to prevent them from going thereon.
The plaintiff further alleges the…
2Cases cited3 opinions
- Stewart v. Burlington & M. R. R.Supreme Court of Iowa · 1871
- Fernow v. Dubuque & Southwestern RailroadSupreme Court of Iowa · 1867
- Stewart v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
3Cited by4 opinions
- Bowman v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Boyle v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Tredway v. S. C. & St. P. R.Supreme Court of Iowa · 1876
- Windsor v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1891