O'Donnell v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from O’Brien District Court. The plaintiff seeks to recover in this action for a personal injury which she alleges she received by reason of the negligence of the defendant in leaving a railroad car “ at and near the crossing of Third avenue of the town of Sheldon, Iowa, on said defendant’s track.”
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Appeal from O’Brien District Court. The plaintiff seeks to recover in this action for a personal injury which she alleges she received by reason of the negligence of the defendant in leaving a railroad car “ at and near the crossing of Third avenue of the town of Sheldon, Iowa, on said defendant’s track.” She alleges that while attempting to cross said track the horse driven by her became frightened at said car, and ran away, and that she was thrown from the cart or buggy drawn by the horse, and was thus injured. There was a trial by jury, and a verdict and judgment for the plaintiff". The…
1Opinion of the CourtEothrock, J.
It appears from the evidence in the case that Third avenue, in the town of Sheldon, extends to the depot grounds of the defendant’s road. Across the- depot grounds, opposite the terminus of Third avenue, there is another avenue which terminates at the depot grounds. No street or highway has been laid out across the depot grounds, but since the railroad has been constructed, which has been for several years, the publit; have traveled across the depot grounds from the terminus of Third avenue to the street opposite, and this line of travel is one of the principal highways leading from the…
2Cases cited1 opinion
- Young v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1885
3Cited by5 opinions
- Heinmiller v. Winston Bros.Supreme Court of Iowa · 1906
- Whistenant v. Southern States Portland Cement Co.Court of Appeals of Georgia · 1907
- Fisk v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
- Rozell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
- Baxter v. ParkSouth Dakota Supreme Court · 1925