Downing v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Davis Circuit Court. The petition in substance alleges that in the years 1870, 1871, 1872 and 1873, the defendants operated a railroad called the Chicago & Southwestern Railroad, which was built by the Chicago & Southwestern Railroad Company, and that by reason of defectively constructed cattle guards, cattle, hogs, sheep, horses and domestic animals passed upon plaintiff’s premises and injured his crops and pasture to the extent of $215. The petition further…
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Appeal from Davis Circuit Court. The petition in substance alleges that in the years 1870, 1871, 1872 and 1873, the defendants operated a railroad called the Chicago & Southwestern Railroad, which was built by the Chicago & Southwestern Railroad Company, and that by reason of defectively constructed cattle guards, cattle, hogs, sheep, horses and domestic animals passed upon plaintiff’s premises and injured his crops and pasture to the extent of $215. The petition further alleges that, when the railroad was being built, the tracklayers threw open plaintiff’s premises, whereby stock came upon…
1Opinion of the CourtDay, J.
I. On the trial of the cause defendant introduced one John Bennett, who testified that he owned and occupied a farm adjoining plaintiff’s farm on the west in the years 1871 and 1872; that he had knowledge of the cattle guards in question complained of by plaintiff as defective; that there Was a cattle guard in witness’ field, just across the lane west from the west cattle guard in plaintiff’s fence complained of, and about sixty feet from it. • '
Defendant then asked this witness, if this cattle guard in the fence of witness was constructed and kept in the same manner as that in plaintiff’s…
2Cited by4 opinions
- Miller v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Raridon v. Central Iowa Railway Co.Supreme Court of Iowa · 1885
- Campbell v. Iowa Central Railway Co.Supreme Court of Iowa · 1904
- Fort Smith Suburban Railway Co. v. MaledonSupreme Court of Arkansas · 1906