Benton v. Central Railroad
Supreme Court of Iowa
Appeal from, Mahaslea District Court. The plaintiff brings this action to recover for alleged injuries received by the plaintiff, by being struck by defendant’s cars on the crossing of a highway on defendant’s railroad, while the plaintiff was on said crossing with a loaded team. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals.
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Appeal from, Mahaslea District Court. The plaintiff brings this action to recover for alleged injuries received by the plaintiff, by being struck by defendant’s cars on the crossing of a highway on defendant’s railroad, while the plaintiff was on said crossing with a loaded team. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals. Where a person, knowingly about to cross a railway track, can have an unobstructed view of the track so as to know of the approach of a train in time to avoid an accidént, he cannot recover therefor, as a matter of law, although the company may have…
1Opinion of the Court
Miller, Ch. J.
The plaintiff alleges in his petition that at a point on defendant’s railroad, about one-half mile west of Oskaloosa station, where the public road leading from Beacon station, on the Des Moines Yalley Eailroad, to Oskaloosa, crosses the railroad of the defendant, a train of cars, operated by the agents and employes of defendant on its road, was negligently and carelessly run upon the plaintiff, severely injuring him. Also, that the defendant was negligent in failing to construct at said crossing a good and safe crossing, *194but carelessly and negligently permitted the same for a…
2Cases cited1 opinion
- O'Keefe v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1871
3Cited by11 opinions
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Hinken v. Iowa Central Railway Co.Supreme Court of Iowa · 1896
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