Johnson v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from, Woodbury District Gourt. — Hon. P. R. Gay-nob, Judge. Suit to recover the value of two horses killed by one of the defendant’s trains. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.—
1Opinion of the CourtShebwin, J.
At the time of the accident the plaintiff lived at Tripp, S. D., and it occurred near that place. His *557team, bitched to a buggy, escaped from his control about ten o’clock in the night, ran away, left the wagon road, and went upon the defendant’s right of way, and upon its track, where it became entangled in the harness, and was struck by one of the defendant’s trains. It is conceded that the defendant was not bound to be on the lookout for the team at the point where it was struck, and that its only duty was to exercise reasonable diligence and care to stop the train after the team was in…
2Cited by6 opinions
- Mast v. Illinois Cent. R. Co.District Court, N.D. Iowa · 1948
- Gregory v. Wabash RailroadSupreme Court of Iowa · 1904
- Farrell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
- Christiansen v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Cahill v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1909
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