Timins v. Chicago, Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Jasper District Court. ActioN to recover the value of certain horses killed or injured by a train on the defendant’s road because of an insufficient cattle-guard. The defendant pleaded a general denial, and contributory negligence on the part of the plaintiff. Trial by jury. Judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
The defendant’s railway was fenced, but the theory of the plaintiff is that the horses got on the railway because a cattle-guard at a highway crossing was insufficient.
tions : stating issues to jury: wiioie sidered. I. In stating the issues to the jury, the court failed to state that the defendant had pleaded that the plaintiff was guilty of contributory negligence in permitting his stock to roam at large. It is conceded that ° liercl law was in force, and the defendant insists that the plaintiff did not restrain his stock as required by that law. The point is well taken as to the statement…
2Cases cited3 opinions
- Case v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- McKinley v. C., R. I. & P. R.Supreme Court of Iowa · 1877
3Cited by12 opinions
- Powell v. ChittickSupreme Court of Iowa · 1893
- Chicago & Alton Railroad v. GoreIllinois Supreme Court · 1903
- Barnhart v. Chicago, Milwaukue & St. Paul Railway Co.Supreme Court of Iowa · 1896
- Vigil v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
- State v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
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