Legal Opinion

Goodrich v. Burlington, Cedar Rapids & Northern Railway Co.

Supreme Court of Iowa

Decided October 22, 1897PublishedCited by 9 opinions

Appeal from Linn District Court. — Hon. W. P. Wole, Judge. Action at law to recover for personal injuries alleged to have been caused by negligence on the part of the defendant. A jury was impaneled for the trial of the cause, and evidence was submitted. At the close of the evidence for the plaintiff, the district court sustained a motion of the defendant to direct a verdict in its favor. A judgment was rendered against the plaintiff for costs, and he appeals.

1Opinion of the CourtRobinson, J.

The plaintiff is a minor, and appears by his next friend. In June, 1894, when he was about fourteen years of age, while he was walking across Fourth street, in Cedar Rapids, his left foot was caught between a main rail and a ouard rail of one of the defendant’s railway tracks, which were laid in the street, and was run over by a car, and so injured that the limb was necessarily amputated. The evidence tends to show the following facts: Fourth street extends from north to south, and is crossed at right angles by several streets, among which are O and D avenues, the latter being farthest north.…

2Cases cited17 opinions

  1. Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
  2. Louisville, New Albany & Chicago Railway Co. v. PhillipsIndiana Supreme Court · 1887
  3. Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
  4. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872
  5. Merryman v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1892

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3Cited by9 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
  2. Perry v. CastnerSupreme Court of Iowa · 1904
  3. Balcom v. City of IndependenceSupreme Court of Iowa · 1916
  4. McCormick v. Ottumwa Railway & Light Co.Supreme Court of Iowa · 1910
  5. Bowers v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919

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