Legal Opinion

Walters v. Chicago, Rock I. & P. R. Co.

Supreme Court of Iowa

Decided June 4, 1873PublishedCited by 11 opinions

Appeal from Scott District Court. Action at law by an administrator to recover damages for the death of the intestate caused by the negligent act of the servants of defendant. There was a judgment upon a verdict for $750 in favor of plaintiff, from which he now appeals. The facts involved in the points ruled appear in the opinion.

1Opinion of the Court

Beok, Ch. J.

— The intestate, whose administrator is the plaintiff in this action, was less than two years old when he was run over and killed by an engine and cars upon the railroad of defendant. The question presented for our determination by the record before us pertains exclusively to the measure of damages which plaintiff is entitled to recover, and arises upon a ruling of the court as to the admissibility of evidence and an instruction given to the jury.

The plaintiff offered in evidence the Carlisle tables to show the expectancy of life of the intestate when the accident occurred,…

2Cases cited5 opinions

  1. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  2. State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
  3. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
  4. Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
  5. Lehman v. City of BrooklynNew York Supreme Court · 1859

3Cited by11 opinions

  1. Mayhew v. BurnsIndiana Supreme Court · 1885
  2. Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
  3. Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
  4. Louisville, New Albany & Chicago Railway Co. v. GoodykoontzIndiana Supreme Court · 1889
  5. In Re Estate of DanielSupreme Court of Minnesota · 1940

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