Payne v. Humeston & Shenandoah R'y Co.
Supreme Court of Iowa
Appeal from JRinggold Circuit Court. This is an action for tbe recovery of damages for a personal injury sustained by plaintiff through the negligence of the defendant, as is charged, in the operation of a locomotive and train of cars on its railway. There was a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtEeed, J.
The injury complained of occurred on the sixteenth of August, 1884. At that time plaintiff was about fifteen months old. The accident occurred at a point where defendants railway is crossed b^a^ublic highway. The general direction of the railway is east and west, and that of the highway is north and south. Plaintiff’s parents, at the time, resided in a house which is situated on the north side of defendant’s right of way, and in the angle between it and the highway, and about forty-five yards from the track. • While the other members of the family were engaged in their ordinary employments,…
2Cases cited1 opinion
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
3Cited by2 opinions
- Passamaneck's Admr. v. Louisville Railway Co.Court of Appeals of Kentucky · 1895
- Mayne v. Council Bluffs Savings BankSupreme Court of Iowa · 1890