State v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Story District Court. —HoN. J. H. Richard, Judge. The defendant’s line of road crosses that of the Northwestern Railroad Company at Slater on the level. On the 14th day of February, 1902, the defendant, through its engineer, pulled its freight train over said crossing without stopping, as required by section 2073 of the Code, and in this action recovery of the penalty as therein provided was claimed. Trial to jury resulted in verdict and judgment for the state.
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Appeal from Story District Court. —HoN. J. H. Richard, Judge. The defendant’s line of road crosses that of the Northwestern Railroad Company at Slater on the level. On the 14th day of February, 1902, the defendant, through its engineer, pulled its freight train over said crossing without stopping, as required by section 2073 of the Code, and in this action recovery of the penalty as therein provided was claimed. Trial to jury resulted in verdict and judgment for the state. The defendant appeals.
1Opinion of the CourtLadd, J.
The defendant admitted the failure of its train to stop within 800 feet and more than 200 feet from the crossing, and interposed the defense that the engineer 1. crossing: failure to stop. in charge did all lie could to stop it, but that, owing to the brakes not working in' the usual manner, the momentum of the train carried it over the crossing. The court submitted the case to the jury on the theory that the burden of proof was on the defendant, in order to exonerate itself from liability, to show by a preponderance of evidence that the failure to stop was not due to any negligence on the…
2Cases cited13 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- People v. . BriggsNew York Court of Appeals · 1889
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Riker v. HooperSupreme Court of Vermont · 1862
- Gulf, Colorado & Santa Fe Railway Co. v. DwyerTexas Supreme Court · 1892
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3Cited by2 opinions
- United States v. ReganSupreme Court of the United States · 1914
- United States v. St. Louis Southwestern Ry. Co.Court of Appeals for the Fifth Circuit · 1910