Nosler v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Wapello GirevÁt Court — Hon. Dell Stuart, J udge. The petition states that there is an ordinance in tbe city of Ottumwa making it unlawful to run a railroad train through the city at a greater rate of .speed than six miles an hour, but that the defendant, disregarding such ordinance, and in a reckless and negligent manner, ran its “ fast IJ.
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Appeal from Wapello GirevÁt Court — Hon. Dell Stuart, J udge. The petition states that there is an ordinance in tbe city of Ottumwa making it unlawful to run a railroad train through the city at a greater rate of .speed than six miles an hour, but that the defendant, disregarding such ordinance, and in a reckless and negligent manner, ran its “ fast IJ. S. mail train,” going west on its road, at the speed of thirty miles an hour, within the corporate limits of said city, without ringing the bell, or sounding the whistle; and that at a place in said city where Tisdale street, in said city,…
1Opinion of the CourtSee vers, J.
Counsel for the appellant, in argument, concede that the contributory negligence of the persons in charge of the team is the material issue in the case, yet it is claimed, that the court erred in the admission or rejection of evidence which had little, if any, bearing on such question, or upon the merits of the controversy. Nevertheless, we shall briefly consider them, for the reason that counsel seem to believe that the rulings of the court in the respects mentioned constitute prejudicial error.
^eamkfnedat ing^ertdSice: surroundings. I. The plaintiff was permitted to prove the number of…
2Cases cited5 opinions
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
- Funston v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- Pence v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1887
- Rheiner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1886
3Cited by23 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- Curtis & Gartside Co. v. PribylSupreme Court of Oklahoma · 1913
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