Tyson v. K. & D. M. R.
Supreme Court of Iowa
Appeal from, Van Burén Circuit Court. The plaintiff’s cow was killed by the defendant’s train, at and on a private crossing of the plaintiff, where a lane leading from the public road to the residence of the plaintiff crosses the railroad track. On both sides of the lane, upon the railroad track, are cattle-guards. The lane is a private road on plaintiff’s land, through which he reaches the public road.
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Appeal from, Van Burén Circuit Court. The plaintiff’s cow was killed by the defendant’s train, at and on a private crossing of the plaintiff, where a lane leading from the public road to the residence of the plaintiff crosses the railroad track. On both sides of the lane, upon the railroad track, are cattle-guards. The lane is a private road on plaintiff’s land, through which he reaches the public road. It is closed at each end by gates, one being at the public road, and the other being at the plaintiff’s house. Where the lane crosses the railroad, there are no gates. The lane fences and the…
1Opinion of the Court
Adams, J>
It is claimed by the plaintiff and appellant that it was the right of the railroad company to fence by erecting and maintaining gates across said lane at the railroad track. Whether such was the right of the company, or whether it was justified under the circumstances in assuming that the plaintiff desired and was entitled to an open crossing, is the question in this case. By allowing the plaintiff an open crossing, as the company did, he was relieved from the inconvenience and danger attending the opening and shutting of gates in the close proximity of passing trains. On the other…
2Cases cited4 opinions
- Indianapolis, Pittsburgh & Cleveland Railroad v. ShimerIndiana Supreme Court · 1861
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Russell v. HanleySupreme Court of Iowa · 1866
- Bartlett v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866
3Cited by3 opinions
- Dibblee v. Astoria & Columbia River R. R.Oregon Supreme Court · 1910
- Fowbel v. Wabash R. R.Supreme Court of Iowa · 1904
- Atkinson v. ThompsonSupreme Court of Kansas · 1958