Legal Opinion

Farrell v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided May 5, 1904PublishedCited by 14 opinions

Appeal from Pottawattamie District Court. — IÍon. W. R. Green, Judge. Suit by tbe plaintiff, as administrator of the estate of Almeda Farrell, to recover for ber death. There was a verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the CourtSherwin, J.

*691ft croSing:£ danger *690The plaintiff’s intestate was a girl eight years and one month old at the time of her death. She and *691■other girls of about her age were picking flowers upon the defendant’s right of way, and were trespassers thereon. In crossing a cattle guard, one of her feet was caught between the rail and the timbers of the guard, and, before it could be released by herself and a playmate who was assisting her in her efforts, she was run over and killed by the defendant’s train. The cattle guard where she was killed was located a short distance south of the appellant’s station at…

2Cases cited5 opinions

  1. Eginoire v. Union CountySupreme Court of Iowa · 1900
  2. Purcell v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
  3. Trott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
  4. Hively v. Webster CountySupreme Court of Iowa · 1902
  5. Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904

3Cited by14 opinions

  1. Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
  2. Lawrence v. City of Sioux CitySupreme Court of Iowa · 1915
  3. Raines v. WilsonSupreme Court of Iowa · 1931
  4. Crawford v. McElhinneySupreme Court of Iowa · 1915
  5. Lenth v. SchugSupreme Court of Iowa · 1938

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