Kuhn v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Tuts is an action to recover damages for the killing of two cows and a two-year old steer.
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Appeal from Pottawattamie District Court. Tuts is an action to recover damages for the killing of two cows and a two-year old steer. Plaintiff relies only upon the filets stated in the second count of the petition, which are as follows: “Plaintiff further says that the said stock, so as aforesaid killed, was so killed on. account of the negligence and carelessness of the said defendant, its officers, agents, servants and employes, in that they carelessly and negligently run and operated the said locomotive and train of cars whereby the said cattle were killed as aforesaid. Plaintiff says said…
1Opinion of the CourtDay, J.
I. The cattle were killed on a public crossing by the accommodation freight train going west. The evidence shows that for a considerable distance east of where the accident occurred the railroad runs north of and parallel to the highway, occupying a portion of its width. At the point of the accident the highway turns abruptly'north and crosses the railroad. The distance between the cattle-guards at this crossing is about sixty feet. Of this a space of not more than eighteen feet in width is placed in a proper condition for crossing. Outside of this space of eighteen feet the railroad is above…
2Cases cited2 opinions
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
- Gribble v. City of Sioux CitySupreme Court of Iowa · 1874
3Cited by6 opinions
- Mongogna v. Illinois Cent. R.Supreme Court of Louisiana · 1905
- Van Horn v. B., C. R. & N. R'y Co.Supreme Court of Iowa · 1882
- Missouri Pacific Railway Co. v. WilsonSupreme Court of Kansas · 1882
- Miller v. C. & N. W. R.Supreme Court of Iowa · 1882
- Courson v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1887
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