Griffin v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Johnson Oirouit Court. Action to recover for injuries done to a pair of horses owned by plaintiff by an engine operated upon defendant’s railroad striking them at a highway crossing. The circuit court directed the jury to return a verdict for defendant, on the ground that the undisputed evidence shows that plaintiff contributed to the injury. From a judgment upon the verdict plaintiff, appeals.
1Opinion of the CourtBeck, J.
*6391. RAILROADS: injury in trfbutory’negiigence. *638I. The evidence shows that the accident occurred in a town at a point where a street crosses the defend*639ant’s railroad. Plaintiff testified that he ' was . driving his team, hitched to a wagon, in. the town> having with him therein one or two women. ITe had stopped for some purpose at a house no great distance from the railroad, and about the time he started he heard a locomotive whistle, indicating its approach. He drove at a trot towards the railroad crossing, and looked in both directions for the approaching engine, but did not see it. There were…
2Cases cited2 opinions
- Schaefert v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
- Youll v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1885
3Cited by6 opinions
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Clark v. JenkinsMassachusetts Supreme Judicial Court · 1894
- Platt v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Iowa · 1892
- Bates v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1893
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