Story v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. A. J. Leeeingwell, Judge. This action was brought by the plaintiff, Joseph Story, as assignee of one John Powers, to . recover damages for the value of certain horses which it is alleged were killed and injured on the line of the defendant’s railroad by reason of the negligent operation of a locomotive engine and train of cars. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRoihrock, C. J.
i. eyidenoe : cunSfemcesto be considered, I. The injury of which plaintiff complains occurred at Brown’s Station, on defendant’s railroad. Some time during the night of October 15, 1886, thirteen head of horses, belonging to plaintiff’s assignor, Powers, escaped from his enclosure, and wandered off to Brown’s Station, a mile or a mile and a half distant. In the morning Powers followed the track of his horses down to the station, and found that a train running from the east to the west had, by collision with the animals, killed one of them outright, and injured four others so that they had to…
2Cases cited5 opinions
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
- Monahan v. Keokuk & Des Moines RailwaySupreme Court of Iowa · 1877
- Doran v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1887
3Cited by1 opinion
- France v. Salt Lake & O. Ry. Co.Utah Supreme Court · 1906