Legal Opinion

Rietveld v. Wabash Railroad

Supreme Court of Iowa

Decided January 9, 1906PublishedCited by 16 opinions

Appeal from Marion District Court.— Hon. James D. Gamble, Judge. Action at law to recover damages for the death of plaintiff’s intestate, who was struck and killed by one of the defendant’,s trains at a highway crossing in Marion county, Iowa. Trial to, a jury, verdict and judgment for plaintiff, and defendant appeals.—

1Opinion of the CourtDeemer, J.

Plaintiff’s intestate and- a companion, who were riding in a- standing position in a bobsled, were struck and killed, at a place where a public highway crosses defendant’s right of way, by a train which .was being operated by defendant’s employes. The negligence charged *251'against these employes is failure to sound the whistle and to ring the bell of the engine as it approached the crossing, as required by statute. There is a conflict in the evidence regarding the giving of the statutory signals, and, as the jury settled this conflict in plaintiff’s favqr, we must treat the case as if the…

2Cases cited17 opinions

  1. McAunich v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1866
  2. Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
  3. Bell v. Incorporated Town of ClarionSupreme Court of Iowa · 1901
  4. Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
  5. Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893

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

3Cited by16 opinions

  1. Lykiardopoulo v. New Orleans & C. R., Light & PowerSupreme Court of Louisiana · 1910
  2. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
  3. Murphy v. Iowa Electric Co.Supreme Court of Iowa · 1928
  4. Stilson v. EllisSupreme Court of Iowa · 1929
  5. Gray v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1909

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

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