Legal Opinion

Evans v. Burlington & Missouri River Railroad

Supreme Court of Iowa

Decided December 8, 1866PublishedCited by 3 opinions

Appeal from Jefferson District Court. This suit is brought to recover double the value of plaintiff’s stock, killed by the defendant on its track, notice of the claim having been given thirty days before suit brought, as provided by section six, chapter 169 of Laws of 1862. There was a jury trial; and verdict for plaintiff. The defendant appeals.

1Opinion of the CourtCole, J.

i PB40TXCBexception, On the trial of this cause, after the evidence was closed, the attorneys for the respective parties asked the court to give certain instructions' to the jury. The court gave all that were asked by the attorney for the defendant except the following: “ That no person has a right to cross or go upon the railroad track or right of way or cross the fences except at public crossings.” This instruction was not marked “ refused,” nor did the court expressly or directly refuse to give it, but simply overlooked it. The omission to' give this instruction is the only error assigned.…

2Cases cited2 opinions

  1. Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
  2. Bartlett v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1866

3Cited by3 opinions

  1. Clampit v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1891
  2. Connyers v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1889
  3. Murphy v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874

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