Hanley v. Ft. Dodge Light & Power Co.
Supreme Court of Iowa
Appeal from Webster District Court.— Hon.' J. K„ Whitaker, Judge. Plaintiff’s intestate, John F. Hanley, was killed by being run against and upon by a street car operated by the defendant company in the city of Ft: Dodge, and this action is brought by plaintiff as administrator to recover damages. The trial resulted in a verdict and judgment in favor of defendant, and plaintiff appeals.—
1Opinion of the Court
Bishop, J.—
Defendant’s line of street railway crosses a small public park situated in tbe heart of tbe city of Ft. Dodge, tbe track running east and west. On tbe afternoon of May 24, 1902, plaintiff’s intestate, a boy about four years of age, while playing in tbe park was struck by a west-bound car and instantly killed. Tbe action is bottomed on negligence, and tbe grounds set out in tbe petition are in substance: (1) That tbe ear which struck tbe child was being operated at a high and dangerous rate of speed; (2) that tbe car was not in charge of a careful and competent person; (3) that tbe…
2Cases cited10 opinions
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Duncombe v. PowersSupreme Court of Iowa · 1888
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3Cited by4 opinions
- Orr v. Des Moines Electric Light Co.Supreme Court of Iowa · 1928
- Kelly v. Muscatine, Burlington & Southern RailroadSupreme Court of Iowa · 1923
- McCormick v. Ottumwa Railway & Light Co.Supreme Court of Iowa · 1910
- Denver City Tramway Co. v. BrownSupreme Court of Colorado · 1914