Craig v. Wabash Railroad
Supreme Court of Iowa
Appeal from Appanoose District Oourt. — Hon. Robert SloaN, Judge. ActioN for the value of a horse alleged to have been billed by defendant .at a point where it hud the right to fence, but did not; also through the negligence of its employes. The highway crosses the defendant’s right of way at an acute angle. The north cattle guard is sixty-eight feet from the center of the crossing.
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Appeal from Appanoose District Oourt. — Hon. Robert SloaN, Judge. ActioN for the value of a horse alleged to have been billed by defendant .at a point where it hud the right to fence, but did not; also through the negligence of its employes. The highway crosses the defendant’s right of way at an acute angle. The north cattle guard is sixty-eight feet from the center of the crossing. Trestlework over a ravine forms the south cattle guard, and is ninety-one feet from the same point. A wing fence extending east intersect < the right of way fence, and that part from such intersection to the…
1Opinion of the CourtLadd, J.
i. killing stock’ spec-iai finding, The highway, where it crosses the railroad, is forty-five feet wide. The plaintiff relied on circumstances tending to show that the horse was struck by the engine while on the track fifty-sis feet north of the center of the crossing. The defendant •engineer and fireman testified that the collision occurred on the crossing. The jury rejected their evidence as unreliable, by an answer to a special interrogatory that it did not happen at that place. This was tantamount to a finding that the horse was struck fifty-six feet north of *474the center of the crossing,…
2Cases cited15 opinions
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Ward v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1896
- Bizer v. BizerSupreme Court of Iowa · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rothrock v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Langdon v. AhrendsSupreme Court of Iowa · 1914
- State v. KluteSupreme Court of Iowa · 1913
- Kerker ex rel. Kerker v. Bettendorf Metal Wheel Co.Supreme Court of Iowa · 1908
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
4 more not listed; retrieve them via the Exa API.