Legal Opinion

Comstock v. Des Moines Valley R. R.

Supreme Court of Iowa

Decided October 4, 1871PublishedCited by 10 opinions

Appeal from Wa/pello District Court. Action to recover for stock injured and killed by the engine and train on tbe defendant’s railroad. There was a jury trial, resulting in a verdict for $410, and judgment for the plaintiff for $390. The defendant appeals. The further necessary facts are stated in the opinion.

1Opinion of the CourtOole, J.

d*iiabUityt0for* mmí klUed: I. The stock in controversy was injured and killed near a diagonal highway crossing of the defendant’s road, about five hundred feet west of a station house; the railroad being fenced on both sides from the station house to a cattle guard, situated about *377forty-eight feet east of a switch-block, which was near the east line of the highway. The damage was done in the night-time, and, so far as the testimony discloses, the accident was not seen by any one. One colt, valued at $125, was found in the morning dead, and evidently killed by the train, lying nearly in the…

2Cases cited1 opinion

  1. Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869

3Cited by10 opinions

  1. Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
  2. Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
  3. McCook v. BryanSupreme Court of Oklahoma · 1896
  4. Union Pacific Railway Co. v. DycheSupreme Court of Kansas · 1882
  5. Taylor v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1888

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