Bower v. B. & S. W. R. Co.
Supreme Court of Iowa
Appeal from Davis District Court. The petition states that tbe plaintiff was a passenger on a train on the defendant’s road, and that through the negligence and fault of the employes of defendant he was greatly injured and damaged in the sum of ten thousand dollars. The answer consisted of a general denial. The jury found for the plaintiff in the sum of four thousand dollars. Defendant appeals and now insists that the damages were excessive and the instructions erroneous.
Read the full summary
Appeal from Davis District Court. The petition states that tbe plaintiff was a passenger on a train on the defendant’s road, and that through the negligence and fault of the employes of defendant he was greatly injured and damaged in the sum of ten thousand dollars. The answer consisted of a general denial. The jury found for the plaintiff in the sum of four thousand dollars. Defendant appeals and now insists that the damages were excessive and the instructions erroneous. Unless a corporation which owns a railway is also operating it, it cannot he liable for any injuries caused by it, and if…
1Opinion of the Court
Seevers, Ch. J.
1. RAILROAD: lease of: liability I. The evidence shows that at-the time of the accident the road was leased to one Ward by the defend-ant. It also.clearly appears that the business of the road “ was given out in the name of the defendant, all' contracts were made in its name, and the cars bore that brand, the tickets the same, and there was no change to the outside world in the business and management of the company.” Freight bills were made out and collected in the name of the company. Such being the undisputed facts the court instructed the jury, * * “ If the road at the time…
2Cases cited2 opinions
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
3Cited by10 opinions
- Braslin v. Somerville Horse RailroadMassachusetts Supreme Judicial Court · 1887
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- McCabe's Admx. v. Maysville & B. S. R.Court of Appeals of Kentucky · 1902
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Illinois Central Ry. Co. v. Sheegog's Admr.Court of Appeals of Kentucky · 1907
5 more not listed; retrieve them via the Exa API.