Morgan v. Iowa Central Railway Co.

Sherwin, C. J. —

One of the defendant’s trains killed a pair of horses and destroyed other property belonging to the plaintiff at a highway crossing. The .plaintiff alleged negligence because of a failure to give the statutory signals for the crossing -and-negligence in operating the train at an excessive and dangerous rate of speed, considering the location of the crossing. The crossing in question is at the north end of á cut and on a slight curve in the defendant’s road to the east. The plaintiff, with his team, was going east on the highway, and when a short distance from the crossing the…