Legal Opinion

Frush v. Waterloo, Cedar Falls & Northern Railway Co.

Supreme Court of Iowa

Decided November 19, 1918PublishedCited by 8 opinions

Appeal from, Black H'uwk District Court. — George W. Dun-ham, Judge. Suit by an administrator to recover for the negligent killing of his decedent. At the close of plaintiff’s evidence, there was a directed verdict for the defendant, and the plaintiff appeals.

1Opinion of the CourtEvans, J.

The plaintiff is the administrator of the estate of his wife, who was killed as the result of a collision, upon a highway crossing, between plaintiff’s automobile and one of the trains of the defendant. It is averred that the killing resulted from the negligence of the defendant in the operation of its train. The specific negligence charged is that the servants of the defendant approached such highway crossing with their train without sounding appropriate warning signals of its approach, whereby the plaintiff, as the driver of the automobile, failed to discover such approach in time to…

2Cases cited14 opinions

  1. McGee v. Wabash RailroadSupreme Court of Missouri · 1908
  2. Glick v. Cumberland & Westernport Electric Railway Co.Court of Appeals of Maryland · 1914
  3. Seaboard Air Line Railway v. TomberlinSupreme Court of Florida · 1915
  4. Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
  5. Missouri, Kansas & Texas Railway Co. v. BusseySupreme Court of Kansas · 1903

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

3Cited by8 opinions

  1. Carlson v. MeusbergerSupreme Court of Iowa · 1925
  2. Texas & N. O. R. v. StrattonCourt of Appeals of Texas · 1934
  3. Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
  4. Frideres v. LowdenSupreme Court of Iowa · 1945
  5. Wright v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1936

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

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