Peterson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Clay District Court. — N. J. Lee, Judge. Action to recover damages for injury to property. The opinion states the facts. Verdict and judgment for the plaintiff in the court below. Defendant appeals.
1Opinion of the CourtGaynor, J.
1. Railroads : reasonable crossings per se. On the 15th day of December, 1915, the plaintiff was driving a Buick automobile on a public highway. This highway crossed the tracks of the defendant company at right angles. Defendant’s tracks run east and west, and the highway, north and south. Plaintiff approached the track from the south, and, when within about 200 feet of the track, he saw the head* light of a train approaching from the east. He did not, however, stop his car, but proceeded at about 10 miles an hour, keeping a constant lookout for the train, and saw the train just as he went…
2Cases cited3 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Taylor v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by9 opinions
- Graves v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1928
- Muirhead v. ChallisSupreme Court of Iowa · 1932
- Humphrey Ex Rel. Humphrey v. City of Des MoinesSupreme Court of Iowa · 1945
- Gable v. KriegeSupreme Court of Iowa · 1936
- Medema v. HinesCourt of Appeals for the Eighth Circuit · 1921
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