Pence v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Polk Circuit Court. This is an action for a personal injury, caused by a collision of one of defendant’s trains with a wagon in which plaintiff was riding, at or near a public crossing of defendant’s railroad track. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff for §10,000. The defendant appeals.
1Opinion of the Court
Rothrock, Ch. J.
I. On the evening of October 30, 1878, at about dark, the plaintiff and one Crews left Des Moines, in a common road wagon drawn by a team of mules, to go to the plaintiff’s home in the eastern part of Polk county. The team and wagon belonged to the plaintiff, and were driven by Crews, who was plaintiff’s tenant and worked for him. Por a few miles out of Des Moines, the tracks of the Chicago, Pock Island & Pacific Pailroad and of the Keokuk & Des Moines Railroad run parallel and, at places, near to each other, and both railroads were then operated by the defendant. The…
2Cases cited1 opinion
- Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
3Cited by12 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Beemer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1917
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Nosler v. Chicago, Burlington & Quincy R'y Co.Supreme Court of Iowa · 1887
- Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
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