Legal Opinion

Alger v. Mississippi & Missouri Railroad

Supreme Court of Iowa

Decided December 29, 1859PublishedCited by 16 opinions

Appeal from, Muscatine District Court. The plaintiff recovered a judgment against defendant in a justice’s court for the sum of $90, for damages sustained by reason of injui’ies done to an ox belonging to plaintiff, by a train of ears in charge of the servants of defendants while passing over their road.

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Appeal from, Muscatine District Court. The plaintiff recovered a judgment against defendant in a justice’s court for the sum of $90, for damages sustained by reason of injui’ies done to an ox belonging to plaintiff, by a train of ears in charge of the servants of defendants while passing over their road. On the trial of the cause in the District Court, on appeal, the defendant excepted to. the rulings of the court on instructions given and refused, and assigns the same as error. The instructions are presented in the opinion of the court. cited Perkins v. Pastern Railroad Company, and Boston…

1Opinion of the CourtStockton, J.

The defendant asked the court to charge the jury as follows :

*269“That a case of negligence will not be made against a railroad company by showing simply the injury to plaintiff’s ox. It must be shown, if the ox was on the railroad track without defendant’s consent, that there had been wanton, or wilful, or gross negligence on the part of the company, to create a liability.” This instruction the court refused to give and charged the jury as follows :

“In order to recover, the plaintiff must show the injury alleged, and that the same happened in consequence of the negligence of the defendants,…

2Cases cited3 opinions

  1. Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
  2. Wagner v. BissellSupreme Court of Iowa · 1856
  3. Heath v. ColtenbackSupreme Court of Iowa · 1858

3Cited by16 opinions

  1. Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
  2. Fulton v. City of DavenportSupreme Court of Iowa · 1864
  3. Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
  4. Stephens v. D. & St. P. R. Co.Supreme Court of Iowa · 1873
  5. Bower v. B. & S. W. R. Co.Supreme Court of Iowa · 1876

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