Kraus v. B., C. R. & N. R.
Supreme Court of Iowa
Appeal from IA/rm District Gov/rt Plaintiff claims a mare belonging to him was greatly injured by a train on defendant’s road, and this action was brought to recover damages therefor. Trial by jury. Verdict and judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
For the purposes of this appeal, it must be conceded the defendant’s road was not fenced, .and by reason thereof the plaintiff’s mare got on the track, and being frightened by a train, ran along the track in front of it until she came to a bridge forming a part of the road, in attempting to cross which she was greatly injured, without having been struck by the train.
I. The court gave the jury the following instruction:
“ 3. Upon the question as to what was the direct or proximate cause of said injury, you are' instructed that you will consider all the evidence before you as to the situation…
2Cases cited1 opinion
- State v. MaloySupreme Court of Iowa · 1876
3Cited by4 opinions
- Delfs v. DunsheeSupreme Court of Iowa · 1909
- International & Great Northern Railroad v. HughesTexas Supreme Court · 1887
- Liston v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Meeker v. N. P. R. R. Co.Oregon Supreme Court · 1892