Bartlett v. Dubuque & Sioux City Railroad
Supreme Court of Iowa
Appeal from JBlaclchawJc District Court. Plaintiff seeks to recover for two mules killed by the rolling stock of defendant, at a point where^ the road was fenced on both sides, and where it crosses the lands of one Collins. It seems that in the evening they were placed in plaintiff’s inclosure, the next morning were gone, and on the same day were found near the track, one killed, and the other so injured as to be entirely worthless.
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Appeal from JBlaclchawJc District Court. Plaintiff seeks to recover for two mules killed by the rolling stock of defendant, at a point where^ the road was fenced on both sides, and where it crosses the lands of one Collins. It seems that in the evening they were placed in plaintiff’s inclosure, the next morning were gone, and on the same day were found near the track, one killed, and the other so injured as to be entirely worthless. At each end of the Collins inclosure there were “cattle guards,” and between these, bars for a private crossing, for the use of Collins ; those on one side being…
1Opinion of the CourtWright, J.
i. bail“enees." Plaintiff insists that, under the statute, the company is required to build “ cattle guards ” at farm crossings. Ch. 169, 9th General Assembly. Defendant denies this, and maintains," that as the road was fenced, and bars put up at the farm crossings, it is not responsible for injury to stock straying upon the track at such crossing, when the bars were left down by the land owner or other person than the servants or employes of said company. These positions are alike unsound.
I. The act of April 8, 1862, chapter 169, section 6, only makes it incumbent on the company to make…
2Cases cited6 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Indianapolis, Pittsburgh & Cleveland Railroad v. ShimerIndiana Supreme Court · 1861
- Toledo & Wabash Railroad v. FowlerIndiana Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Reeve v. KennedyCalifornia Supreme Court · 1872
- Gray v. Burlington & M. R. R.Supreme Court of Iowa · 1873
- Rutherford v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
- Evans v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866
1 more not listed; retrieve them via the Exa API.