Gibson v. Iowa Central Railway Co.

Plaintiff’s petition is in two counts. In the first he asked recovery upon the ground that his animal was killed upon defendant’s right of way at a place where it had the right to fence, .and in the second he sought to hold defendant liable for the negligence of its employes in charge of the train which killed the animal. At the conclusion of the testimony, the trial court, upon motion, directed a verdict for defendant upon the first count, or refused to submit the same to the jury. The second count was submitted, and a verdict was returned for plaintiff, which was afterward set aside on…