Legal Opinion

Thomas v. Illinois Central Railroad

Supreme Court of Iowa

Decided March 11, 1915PublishedCited by 21 opinions

Appeal from Webster District Court. — Hon. C. E. Albrook, Judge. Action at law to recover damages for tbe death of Flossie Mericle, due to the collision of an automobile in which she was riding, with a passenger train on defendant’s road. The ease was tried to a jury, resulting in a verdict for defendant, which on plaintiff’s motion was set aside, and a new trial granted, and defendant appeals.

1Opinion of the CourtDeemer, C. J.

The negligence charged was the dangerous and excessive rate of speed of the train; failure to maintain gates or to have a watchman at the crossing where plaintiff’s intestate was killed; the maintenance of a defective approach and grade to the crossing; failure to sound the bell or blow the whistle of the engine as it approached the *339crossing; and the placing of cars upon a side track, so as to obstruct the view of an approaching train.

1. New teial : motion assigning several grounds : sustained generally : effect. Defendant admitted the collision and the death of Miss Meriele, but denied each…

2Cases cited27 opinions

  1. E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
  2. Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
  3. Weber v. KirkendallNebraska Supreme Court · 1895
  4. Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
  5. Ellis v. GinsburgMassachusetts Supreme Judicial Court · 1895

22 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
  2. Young Mines Co., Ltd. v. Citizens' State Bk.Arizona Supreme Court · 1931
  3. State v. BrooksSupreme Court of Iowa · 1917
  4. Whitney v. Employers Indemnity Corp.Supreme Court of Iowa · 1925
  5. Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923

16 more not listed; retrieve them via the Exa API.

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