Smith v. K. C. St. J. & C. B. R. Co.
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. Action to recover double damages for injury to a mule colt alleged to have been caused by one of tbe defendant’s trains, where tbe defendant bad a right to fence. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. Tbe defendant appeals.
1Opinion of the CourtAdams, J.
Tbe animal injured was a sucking colt. Its mother was being led by tbe plaintiff across tbe defendant’s depot grounds, when tbe colt strayed off and passed down tbe track southward. A train from tbe north soon passed, and afterward tbe colt was found, with a leg broken, about a mile and a quarter from tbe station.
*6231. RAILROADS: injury to stock : running at large. I.The first question presented is as to whether the colt was running at large. The defendant contends that it could not be so considered, if its mother was in the plaintiff’s control; and asked the court, in sub-1. stance, to so…
2Cited by2 opinions
- Elliott v. KitchensSupreme Court of Alabama · 1895
- Valleau v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1887