Ormond v. Central Iowa R. Co.
Supreme Court of Iowa
Appeal from Franhlin Circuit Court. This is an action to recover tbe value of< certain stacks of oats, alleged to have been destroyed by a fire occasioned by sparks emitted from' an engine operated by the defendant. There was a jury trial resulting in a verdict and judgment for plaintiff for $165.00. The defendant appeals.
1Opinion of the CourtDay, J.
1. RAILROADS: damages: contributory negligence: evidence. -I. The case was tried in the court below on the theory that it was essential to the plaintiff’s right of recovery, that he should prove that his own want of ordi- .. .... nary care did not contribute to his miurv. The . . ^ J injury of which the plaintiff complains occurred on the 27th of September. The evidence shows that the plaintiff stacked his oats about twenty rods from the defendant’s right of way, in a stubble field, the stubble communicating uninterruptedly from the defendant’s right of way to *743the plaintiff’s stacks, and that…
2Cases cited4 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Kesee v. Chicago & N. W. R. R.Supreme Court of Iowa · 1870
- Lewis v. C., M. & St. P. R.Supreme Court of Iowa · 1881
3Cited by2 opinions
- Slossen v. B., C. R. & N. R.Supreme Court of Iowa · 1882
- Jaroszewski v. Chicago Railways Co.Appellate Court of Illinois · 1926