Legal Opinion

Lutz v. Davis

Supreme Court of Iowa

Decided February 13, 1923PublishedCited by 17 opinions

Appeal from Jasper District Court. — Charles A. Dewey, Judge. Action to recover damages for an injury caused by a collision between an automobile driven by the plaintiff and a railroad train, at a street crossing. Verdict for the plaintiff, and defendant appeals.

1Opinion of the CourtFaville, J.

1. Railroads: accidents at crossings: contributory negligence. About five o’clock in the afternoon of September 21, 1918, the appellee was driving an automobile in a westerly direction on Washington Street in the town of Monroe. This street crosses the railway tracks of the Chicago, Kock Island & Pacific Kailway Company on an angle, the right of way at that point extending in a general northwesterly and southeasterly direction. The plañí?; crossing of the railroad track is not in the center of the street, but to the north side, and is described as being rough, the rails being somewhat higher…

2Cases cited3 opinions

  1. Gibson v. Adams Express Co.Supreme Court of Iowa · 1919
  2. Barnes v. Century Savings BankSupreme Court of Iowa · 1910
  3. Wescott v. Des Moines City Railway Co.Supreme Court of Iowa · 1919

3Cited by17 opinions

  1. Strom v. Des Moines & Central Iowa Railway Co.Supreme Court of Iowa · 1957
  2. Coonley v. LowdenSupreme Court of Iowa · 1944
  3. Kinney v. LarsenSupreme Court of Iowa · 1948
  4. Van Patten v. Chicago, Rock Island and Pacific R. Co.Supreme Court of Iowa · 1960
  5. Meier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1937

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