McGill Bros. v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
Appeal from Webster District Court. — Hois. J. R. Whitaker, Judge. Action in two counts, the first to recover $40 for a cow killed at a private road crossing on plaintiffs’ farm by one of the defendant’s trains, on the twenty-sixth day of October, 1898. The second count is to recover a balance of $28 on account of the killing of a steer. The contentions on this appeal relate entirely to the first count, and therefore the second will not be further noticed.
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Appeal from Webster District Court. — Hois. J. R. Whitaker, Judge. Action in two counts, the first to recover $40 for a cow killed at a private road crossing on plaintiffs’ farm by one of the defendant’s trains, on the twenty-sixth day of October, 1898. The second count is to recover a balance of $28 on account of the killing of a steer. The contentions on this appeal relate entirely to the first count, and therefore the second will not be further noticed. The defendant answered the first count, admitting its corporate capacity and the killing of the cow claimed by the plaintiffs to be…
1Opinion of the CourtGiven, C. J.
1 I. The general direction of the defendant’s road is north and south. It runs through plaintiffs’ farm on a continuous curve, entering it from the northwest across the west line of the farm, and leaving it a short distance north of the south line; thus leaving a small part of the farm west of the track, which plaintiffs used as a pasture. The dwelling house and stock yards are east of the track. There was a private crossing, with gates, in the right of way fence, but no cattle guards, by which *360the plaintiffs had access to said pasture, and to the public highway along the west side of their…
2Cases cited1 opinion
- Wooster v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
3Cited by4 opinions
- Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
- Alabama Great Southern Railroad v. McDanielSupreme Court of Alabama · 1915
- Swisher v. Interurban Railway Co.Supreme Court of Iowa · 1911
- Post v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1913