Rogers v. Chicago & Northwestern R. R.
Supreme Court of Iowa
Appeal from Tama District Court. Plaintiee claims double the value of a horse killed by defendant’s locomotive, in the town or village of Oxford. The road was constructed before the town was laid off, and runs east and west through what is now the most densely settled portion of it. The strip running through the town, upon which is found the railroad track, seems to be wide enough, and designed to afford room for teaming and driving on each side thereof.
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Appeal from Tama District Court. Plaintiee claims double the value of a horse killed by defendant’s locomotive, in the town or village of Oxford. The road was constructed before the town was laid off, and runs east and west through what is now the most densely settled portion of it. The strip running through the town, upon which is found the railroad track, seems to be wide enough, and designed to afford room for teaming and driving on each side thereof. The side track extends from the east, the length of three and a half blocks, and within one hundred and fifty feet of Madison street. This…
1Opinion of the CourtWright, J.
In principle this case is “ on all fours,” with that immediately preceding (Davis v. B. & M. R. R. Co. The argument there made‘we will not repeat. Following the construction there given- of the statute, this judgment is erroneous, ■ and must be
Eeversed.
2Cited by4 opinions
- Gibson v. Iowa Central Railway Co.Supreme Court of Iowa · 1907
- Blanford v. Minneapolis & St. Louis R'y Co.Supreme Court of Iowa · 1887
- Coyle v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1883
- Edmunds v. Salt Lake & L. A. Ry. Co.Utah Supreme Court · 1921