Beatty v. Central Iowa R. Co.
Supreme Court of Iowa
Appeal from PoweshicJe District Cowt. The plaintiff as administratrixJ of the estate of John W. Beatty, deceased, brings this action to recover damages for the death of said John W. Beatty, occasioned by a train of cars operated by the receiver of the Central Railroad of Iowa. Under the direction of the court, the jury returned only a special verdict. Both parties filed a motion for judgment upon the special findings.
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Appeal from PoweshicJe District Cowt. The plaintiff as administratrixJ of the estate of John W. Beatty, deceased, brings this action to recover damages for the death of said John W. Beatty, occasioned by a train of cars operated by the receiver of the Central Railroad of Iowa. Under the direction of the court, the jury returned only a special verdict. Both parties filed a motion for judgment upon the special findings. The court overruled the plaintiff’s motion for judgment, and sustained that of the defendant. The plaintiff appeals.
1Opinion of the CourtDay, J.
The jury returned the following special verdict:
1. Was the plaintiff’s intestate killed at a point where the railroad crosses the public highway substantially as stated in the petition?
Ans. Tes.
*2432. Was the railroad then operated and under the control of Morrill as receiver?
Ans. Yes.
3. How did the plaintift’s intestate come in collision with the engine?
Ans. He was carried there by an unmanageable horse.
4. Was the crossing and its immediate approaches in a suitable and safe condition?
Ans. It was.
5. If you say the crossing was not in a suitable and safe condition, then it what particular was it…
2Cases cited1 opinion
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
3Cited by11 opinions
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Gable v. KriegeSupreme Court of Iowa · 1936
- Trcka v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
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