Fleming v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from, Washington District Court. — K. E. Willcoci-cson, Judge. Action for damages to horses in passing over a cattle guard in defendant’s right of way resulted in judgment for plaintiff. Defendant appeals.
1Opinion of the CourtLadd, J.
The plaintiff leased a cornstalk field, adjoining defendant’s right of way, for pasture, and turned his horses in about the middle of February, 1916. A gate in the right of way fence might have been found by the jury to hare been out of repair. About March 9th following, the horses passed through onto the right of way, and, to the west, in going over a cattle guard therein, were injured thereby. It was a large, steel sheet-iron structure, with three-cornered prongs, several inches apart; and, of course, its purpose was to present a menace to stock, in order to prevent them from undertaking to…
2Cases cited5 opinions
- Young v. St. Louis, K. C. & N. Railway Co.Supreme Court of Iowa · 1876
- Mikesell v. Wabash RailroadSupreme Court of Iowa · 1907
- Meade v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1877
- Dickens v. City of Des MoinesSupreme Court of Iowa · 1888
- Moore v. Burlington & Western R'y Co.Supreme Court of Iowa · 1887
3Cited by1 opinion
- Sell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1925