Thomas v. Illinois Central Railroad
Supreme Court of Iowa
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
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Weber v. KirkendallNebraska Supreme Court · 1895
- Howe v. Minneapolis, Saint Paul & Sault Sainte Marie Railway Co.Supreme Court of Minnesota · 1895
- Ellis v. GinsburgMassachusetts Supreme Judicial Court · 1895
22 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- Young Mines Co., Ltd. v. Citizens' State Bk.Arizona Supreme Court · 1931
- State v. BrooksSupreme Court of Iowa · 1917
- Whitney v. Employers Indemnity Corp.Supreme Court of Iowa · 1925
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
16 more not listed; retrieve them via the Exa API.