Daily v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
■Appeal from Kossuth District Court. — HoN. A. D. Bailie, Judge. ActioN to recover the value oí a mule killed, upon «defendant’s right of way by one of its passing trains. The opinion states the facts. Trial to a jury, and verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Bishop, O. J.
Defendant’s line of road runs through the city of Algona nearly east and west. To the west from Thorington street, and connecting with a cattle guard-on the west line of said street, the tracks are fenced on both sides. On the north side of the track there are-two fences, the first extending west indefinitely, and the second extending for some five hundred feet only, to what is referred to in the evidence as the “McCoy pasture.” The first of such fences, which we will call the “south fence,” connects with the cattle guard at Thornington street, and, as it runs east and west, is…
2Cases cited5 opinions
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Mears v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
- Brentner v. C. M. & St. P. R. Co.Supreme Court of Iowa · 1882
- McCormick v. C., R. I. & P. R.Supreme Court of Iowa · 1875
- McDonald & Co. v. FarrellSupreme Court of Iowa · 1882
3Cited by3 opinions
- Howard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1923
- O'Mara v. Newton & Northwestern RailroadSupreme Court of Iowa · 1908
- Harper v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913