O'Mara v. Newton & Northwestern Railroad
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. Byron W. Preston, Judge. Action to recover damages for injury to plaintiff’s horse caused to it by being struck by defendant’s train on its right of way at a place where it had a right to fence; such injury resulting in the death of the horse. There was a verdict and judgment thereon for plaintiff, and defendant appeals. —
1Opinion of the CourtMcClain, J.
— Plaintiff’s horse, which was running at large on the highway prior to the injury complained of, ran or jumped over a cattle- guard from the highway to the inclosed portion of the right of way just in front of a moving engine of defendant, and received injuries which resulted in its death.
i. Railroads: cattle guards: sufficiency: evidence. I. Over defendant’s objection, plaintiff’s witnesses were allowed to testify that other stock had at other times passed over the same cattle guard, and the court, instructed the jury that such evidence might be considered as bearing upon the question…
2Cases cited24 opinions
- Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- Kennedy Bros. v. Iowa State InsuranceSupreme Court of Iowa · 1902
19 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hartford Insurance Group v. MasseyMississippi Supreme Court · 1968
- Howard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1923
- O'Mara v. Newton & Northwestern Railway Co.Supreme Court of Iowa · 1912
- Latta v. Illinois Central RailroadSupreme Court of Iowa · 1911
- Harper v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913