Mackie v. Central Railroad
Supreme Court of Iowa
Appeal from Mahasha District Court. • Action to recover double damages, under the statute, for the destruction of four horses and a colt by a train upon defendant’s railroad running over them, at a point where defendant had a right to fence the road. There was a verdict and judgment for plaintiff for double the value of the property. Defendant appeals.
1Opinion of the CourtBeck, J.
I. It is shown by the evidence, and admitted by counsel of defendant in their argument, that the horses hilled by defendant’s train went upon the railroad track through a gate which defendant was by law required to maintain at a private crossing of the railroad. The evidence tends to show that the fastening of the gate was defective, and for that reason the horses were enabled to go upon the railroad track. The killing of the horses by defendant’s train, and their value, are not matters of dispute.
1. KAIUtOADS: stoeky- Mecfive gate. II. The objections made by defendant to the judgment we will…
2Cases cited2 opinions
- Koons v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1867
- McKinley v. C., R. I. & P. R.Supreme Court of Iowa · 1877
3Cited by16 opinions
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Louisville & Nashville Railroad v. BelcherCourt of Appeals of Kentucky · 1889
- Hill v. City of GlenwoodSupreme Court of Iowa · 1904
- Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Claus v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1907
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