Legal Opinion

Ballard v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided January 10, 1922PublishedCited by 15 opinions

Appeal from Polk District Court. — John D. Wallingeord, Judge. Action to recover damages on account of personal injuries sustained by plaintiff by a collision of lier automobile with á passenger train of defendant railway company. On motion of defendant the trial court directed a verdict on its behalf and entered judgment for costs against the plaintiff. Plaintiff appeals. —

1Opinion of the CourtDe Graff, J.

— This is a grade crossing case and the appeal involves the correctness of the ruling of the trial court in directing a verdict at the close of plaintiff’s testimony in favor of the defendant railway company on the ground of the contributory negligence of plaintiff.

The accident occurred August 16, 1920 at the intersection of Walnut Street and the defendant’s main line of railway in* the village of Elkhart, Polk County, Iowa. Walnut Street is an east and west street, and in fact is a continuation of a country highway. The place of the accident was about two blocks south of the business section…

2Cases cited6 opinions

  1. Askey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1917
  2. Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
  3. Richards v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1890
  4. Williams v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1908
  5. Reynolds v. Inter-Urban Railway Co.Supreme Court of Iowa · 1921

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
  2. Kinney v. LarsenSupreme Court of Iowa · 1948
  3. Brown v. McAdooSupreme Court of Iowa · 1922
  4. Bannister v. Illinois Central RailroadSupreme Court of Iowa · 1925
  5. Hutchinson v. Sioux City Service Co.Supreme Court of Iowa · 1930

10 more not listed; retrieve them via the Exa API.

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