Shellabarger v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Muscatine Circuit-Court. The plaintiff was the owner of three colts, which were killed by a train of cars bn defendant’s railroad, and he claims to recover damages upon the alleged grounds that the defendant had failed to projierly fence its road, and failed to keep its fence in proper repair, and that said colts were killed by reason of such failure and neglect.
Read the full summary
Appeal from Muscatine Circuit-Court. The plaintiff was the owner of three colts, which were killed by a train of cars bn defendant’s railroad, and he claims to recover damages upon the alleged grounds that the defendant had failed to projierly fence its road, and failed to keep its fence in proper repair, and that said colts were killed by reason of such failure and neglect. It is further averred that the colts were killed by the gross carelessness and negligénce of the employes of the defendant who operated and ran tlie said train of cars. The answer was a general denial. There was a trial…
1Opinion of the CourtRothrook, J.
The plaintiff’s colts were killed by being struck by a train on defendant’s road at a point where it had the right to fence its track and right of way. The evidence tends to show that the railroad was fenced with a five-board fence, with posts about six feet distant from each other, and that the boards were nailed on the posts with proper spaces •between the boards, and that the fence was four feet and eight inches in height. There was a highway crossing near where the accident happened, and the colts were in the highway running towards the crossing, and on the approach of a freight train it…
2Cases cited1 opinion
- Lemmon v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1871
3Cited by5 opinions
- Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904
- Larson v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1911
- Pluym v. Illinois Central RailroadAppellate Court of Illinois · 1921
- Titus v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1905