Pothast v. Chicago Great Western Railway Co.
Supreme Court of Iowa
Appeal from, Marshall ■District Court. — PIon. Obed Cas- • well, J udge. Action to recover damages for live stock killed and injured by a train on defendant’s railway at a place where the company had the right to fence. There was a trial by jury. Verdict and judgment for plaintiff. Defendant . appeals.
1Opinion of the CourtWaterman, J.
*4601 *459The cattle, consisting of some forty-mine head, broke from the pasture in which they were kept, -and wandered down the highway to where it crossed defend••ant’s railway. A train upon the railway, pulled by two -engines, ran into the herd, killing nine head and injuring ■.as many more. It is defendant’s theory .that the cattle were .all upon the crossing when struck by the train,; that some were carried by the train upon the right of way, and others ■were frightened so that they broke through the -wing fences .and went upon the right of way to the places where they ■were afterwards found…
2Cases cited8 opinions
- Long v. StateIndiana Supreme Court · 1884
- Epps v. StateSupreme Court of Georgia · 1855
- Huffman v. CaubleIndiana Supreme Court · 1882
- Harlin v. NationSupreme Court of Missouri · 1894
- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hackman v. BeckwithSupreme Court of Iowa · 1954
- Mills v. StateSupreme Court of Iowa · 1986
- Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903