Hinman v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Iowa
Appeal from General Term, Eighth District (Johnson County). This 'is au action to recover, under chapter 169 of the act of the 9th general assembly, double the value of certain sheep killed by trains upon defendant’s road, which runs through the farm of plaintiff in Johnson county. Trial to the court without a jury. Judgment was rendered by the District Court in favor of plaintiff for $228, being twice the value of the sheep.
Read the full summary
Appeal from General Term, Eighth District (Johnson County). This 'is au action to recover, under chapter 169 of the act of the 9th general assembly, double the value of certain sheep killed by trains upon defendant’s road, which runs through the farm of plaintiff in Johnson county. Trial to the court without a jury. Judgment was rendered by the District Court in favor of plaintiff for $228, being twice the value of the sheep. This judgment was affirmed in the General Term upon defendant’s appeal. From the judgment of the General Term it now appeals to this court.
1Opinion of the Court
Beck, J.—
The only question presented in the argument of defendant’s counsel for our determination involves a construction of chapter 169 of the acts of the 9th general assembly. So much of that chapter as is material to the consideration of the question is in the following words:
“ Sec. 3. Where any railroad runs through any improved or fenced land, said railroad company shall make proper cattle-guards on such roads when they enter or leave such improved or fenced land.
“ Sec. 4. At any or all points where any railroad crosses any public highway, the company owning said railroad shall, without…
2Cited by12 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Stephens v. D. & St. P. R. Co.Supreme Court of Iowa · 1873
- Lemery v. LeonardOregon Supreme Court · 1921
- Conway v. JordanSupreme Court of Iowa · 1900
7 more not listed; retrieve them via the Exa API.