Legal Opinion

Bowery v. Wabash Railway Co.

Supreme Court of Iowa

Decided January 23, 1919PublishedCited by 2 opinions

Appeal from Des Moines Municipal Court. — J. E, Meyer, Judge. Action to recover damages for injury to property, caused by a collision with a train. Opinion states the facts. Directed verdict for the defendant in the court below. Plaintiff appeals.

1Opinion of the CourtGaynor, J.

i- Railroads : negligence: evidence^ °f Plaintiff claims- that, on or about the first of September, 1915, he was employed by the defendant company to cut weeds on its right of way, in the cutting of which weeds he was required to use a mower, drawn by a team of horses; that his employ-,J 7 A merit came through defendant’s section foreman ; that on said date, he was so engaged; and that, while he was driving his team easterly on the tracks, with his mower astride the south rail of the track, a train, owned and operated by the defendant, ran into and struck the mower and team, demolished the…

2Cases cited1 opinion

  1. Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904

3Cited by2 opinions

  1. Lenning v. Des Moines & Central Iowa RailroadSupreme Court of Iowa · 1929
  2. Newton Auto Salvage Co. v. HerrickSupreme Court of Iowa · 1927

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