Shaw v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. Dell Stuart, Judge. Actiost to recover double the value of live stock alleged to have been killed by an engine of the defendant, by reason of the failure of the defendant to maintain a sufficient fence along its railway at a place where it had a right so to do. There was a trial and a judgment for the amount claimed. The defendant appeals.
1Opinion of the CourtRobinson, J.
The plaintiff claims that on the night of June 19, 1889, an engine of the defendant railway company ran over three of his colts, killing one, and causing the others to be killed ; that the colts were running at large on his farm, and escaped therefrom onto the railway of the defendant, where they were struck by the engine, in consequence of the failure of the defendant to maintain a sufficient fence at a point where it had the right to do so ; that the reasonable value of the colts was two hundred and ten dollars. On June 20, 1889, the plaintiff served upon the defendant a notice in writing…
2Cases cited9 opinions
- Hall v. SmithSupreme Court of Iowa · 1859
- Pool v. DockerIllinois Supreme Court · 1879
- Keefe v. VogleSupreme Court of Iowa · 1872
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- Hanley v. NoyesSupreme Court of Minnesota · 1886
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3Cited by3 opinions
- Hoyt v. WickhamCourt of Appeals for the Eighth Circuit · 1928
- Keck v. Hotel Owners Mutual Fire InsuranceSupreme Court of Iowa · 1893
- Carney v. City of GrinnellCourt of Appeals for the Eighth Circuit · 1931