Gray v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. W. N. Treichler, Judge. Plaintiff’s intestate was struck and killed by one of the defendant’s trains upon a highway crossing. Alleging negligence of the defendant with respect to such accident this action is brought at law to recover damages. The plaintiff obtained verdict and judgment, and defendant appeals.
1Opinion of the CourtWeaver, C. J.
The decision of this case upon a former appeal will be found in Gray, Adm’r, v. Railroad Co., 143 Iowa, 279, where the material facts are quite fully stated. On retrial the jury again found for the plaintiff, and defendant has again brought the record here for review. We shall restate the facts only so far as seems to be necessary for treatment of the questions which we deem of controlling importance as presented by the briefs of counsel.
The highway in question extends from north to south. It is approached by the railway at a somewhat acute angle from northwest to southeast. Just before…
2Cases cited3 opinions
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909
3Cited by41 opinions
- Hittle v. JonesSupreme Court of Iowa · 1933
- Platter v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1913
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Lorimer v. Hutchinson Ice Cream Co.Supreme Court of Iowa · 1933
- Merchants Transfer & Storage Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of Iowa · 1915
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