Legal Opinion

McDivitt v. Des Moines City Railway Co.

Supreme Court of Iowa

Decided November 23, 1908PublishedCited by 18 opinions

Appeal from Polk District Court. — Hon. Hugh Brennan, Judge. Action for damages for personal injuries to plain-' tiff’s intestate, resulting in ber death. Verdict and judgment for the defendant. Plaintiff appeals. —

1Opinion of the Court

Evans, J. —

The accident in question occurred on July 15, 1905, on Ingersoll Avenue, in Des Moines. Ingersoll Avenue runs east and west at the point of the accident. The defendant owns the fee of the right of way on which-it operates its street car line. On each side of this right of way is laid out a public street, forty feet in width. These two streets and defendant’s right of way between constitute Ingersoll Avenue, for all practical purposes. A narrow ’ street, known as “Orescent Drive,” intersects • this *691avenue practically at right angles. Near the west, line of Crescent Drive and on the…

2Cases cited6 opinions

  1. Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
  2. Swanson v. AllenSupreme Court of Iowa · 1899
  3. Christy v. Des Moines City Railway Co.Supreme Court of Iowa · 1905
  4. Little v. McGuireSupreme Court of Iowa · 1876
  5. Patterson v. S. P. Townsend & SonSupreme Court of Iowa · 1894

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

3Cited by18 opinions

  1. State v. WilsonSupreme Court of Iowa · 1943
  2. Ross v. San Francisco-Oakland Terminal Railways Co.California Court of Appeal · 1920
  3. Borough v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1921
  4. Smith v. Middle States Utilities Co. of DelawareSupreme Court of Iowa · 1937
  5. State v. PatrickSupreme Court of Iowa · 1926

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

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