Artz v. C., R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Muscatine Circuit Court. This action was brought to recover for personal injuries to the plaintiff caused by a collision of a train of cars on defendant’s railroad with the plaintiff’s wagon, in which he was riding, upon the highway where the railroad crosses the same. The petition alleges the cause of the injury to have been the negligence of defendant’s employees operating the train, and avers his own care.
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Appeal from Muscatine Circuit Court. This action was brought to recover for personal injuries to the plaintiff caused by a collision of a train of cars on defendant’s railroad with the plaintiff’s wagon, in which he was riding, upon the highway where the railroad crosses the same. The petition alleges the cause of the injury to have been the negligence of defendant’s employees operating the train, and avers his own care. On a trial to a jury a verdict of- was given for plaintiff, upon which judgment was rendered. Defendant appeals.
1Opinion of the Court
Miller, Ch. J.
— This is the second time this case has been before ns on appeal. It is reported in 34 Iowa, p„ 153, to which reference is made for a full statement of the facts in the case. The evidence in the record before us varies but slightly from the facts as there stated.
i. practice: trial. ' I. After the decision of the cause in this court the plaintiff procured the case to be re-docketed in the Circuit Court and made an amendment to his petition, and demanded a tidal, whereupon defendant filed a motion to dismiss the action and strike the same from the docket, which being overruled,…
2Cases cited2 opinions
- McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
- Reynolds v. HindmanSupreme Court of Iowa · 1871
3Cited by7 opinions
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Landis v. Interurban Railway Co.Supreme Court of Iowa · 1915
- Jerolman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1899
- Sanders v. Sutlive Bros. & Co.Supreme Court of Iowa · 1915
- Ohio Valley Environmental Coalition v. Fola Coal Co.District Court, S.D. West Virginia · 2015
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