Masser v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Polh Circuit Court. This action was brought by the plaintiff, A. Masser, as administrator of the estate of his son Walter Masser, who was accidentally killed by one of the defendant’s trains. The plaintiff averred in his petition that the defendant was guilty of negligence in causing the death of his intestate, and the action is brought to recover damages for the injury. There was a trial to a jury, and verdict was rendered for the defendant.
Read the full summary
Appeal from Polh Circuit Court. This action was brought by the plaintiff, A. Masser, as administrator of the estate of his son Walter Masser, who was accidentally killed by one of the defendant’s trains. The plaintiff averred in his petition that the defendant was guilty of negligence in causing the death of his intestate, and the action is brought to recover damages for the injury. There was a trial to a jury, and verdict was rendered for the defendant. The plaintiff filed a motion for a new trial, based upon alleged error in the giving of each of seven instructions, and in the refusal to…
1Opinion of the Court
Adams, Cii. J.
The plaintiff’s intestate was, at the time he was killed, between eleven and twelve years of age. He and another boy had gone, without business or excuse, upon the defendant’s right of way, at a point which was within the limits of the city of Des Moines, but about a half a mile west of any street of the city crossed by the road. The track at that point was fenced on both sides, and to a considerable distance eastward towards the inhabited part of the city. The track of the Fort Dodge Eailroad ran, at that point, nearly parallel with the defendant’s track, and about twelve feet…
2Cases cited7 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Baltimore & Ohio Railroad v. State ex rel. AllisonCourt of Appeals of Maryland · 1884
- Meyers v. C., R. I. & P. R.Supreme Court of Iowa · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
40 more not listed; retrieve them via the Exa API.