Correll v. B. C. R. & M. R. R. Co.
Supreme Court of Iowa
.Appeal from Benton District Court. Tms action is brought to recover of the defendant for negligently running and operating a train of cars upon its road in the city of Yinton, Iowa, whereby a mare and a mule belonging to the plaintiff were injured. The defendant in its answer admits the injury to the stock, but denies that it occurred through its negligence, and avers that the injury was caused by the negligence of the plaintiff. Jury trial.
Read the full summary
.Appeal from Benton District Court. Tms action is brought to recover of the defendant for negligently running and operating a train of cars upon its road in the city of Yinton, Iowa, whereby a mare and a mule belonging to the plaintiff were injured. The defendant in its answer admits the injury to the stock, but denies that it occurred through its negligence, and avers that the injury was caused by the negligence of the plaintiff. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Miller, Ch. J.
i kailkoads: Humllfpaie: corporations, — I. The evidence shows that the accident occurred within the corporate limits of the city of Yinton, in I>enYn county, where the railway track crosses one °*' the public streets of that city, and that the train -was at the time running at the rate of about fifteen miles an hour. It was also shown that this rate of speed was in violation of an ordinance of the city which prohibited the moving or propelling of any locomotive, engine, or car along any railroad track in the city at a greater speed than six miles per hour, under a penalty fixed…
2Cases cited5 opinions
- People Ex Rel. Bartlett v. Medical Society of ErieNew York Court of Appeals · 1865
- Langhoff v. Milwaukee & Prairie du Chien Railway Co.Wisconsin Supreme Court · 1865
- Dodge v. Burlington, C. R. & M. R. R.Supreme Court of Iowa · 1872
- Reynolds v. HindmanSupreme Court of Iowa · 1871
- Guenther v. DewienSupreme Court of Iowa · 1860
3Cited by43 opinions
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Green v. Western American Co.Washington Supreme Court · 1902
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Bott v. PrattSupreme Court of Minnesota · 1885
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
38 more not listed; retrieve them via the Exa API.