George v. K. & D. M. R.
Supreme Court of Iowa
Appeal from Van Burén Cirexmb Court. The petition alleges plaintiff’s intestate was run over by a train on defendant’s road, and so injured tbat be died, and that tbe accident "fans caused by tbe negligence of tbe defend: ant’s employes, without fault on the part of tbe deceased.- Trial by jury, verdict and judgment for tbe plaintiff, and defendant appeals.
1Opinion of the CourtServers, J.
i. railroad: evidence ¡ practice.' Tbe accident wbieb caused, tbe death of plaintiff’s intestate is tbe same as in Jeffrey v. The K. & D. M. R’y Co., 51 Iowa, 439. Tbe evidence in both cases is substantially tbe same, and so are tbe legal questions involved in tbis appeal. The rules of tbe company admitted as evidence, and held to be erroneous in tbe Jeffrey case, were admitted in tbis under tbe same circumstances. It must, therefore, follow that error has been affirmatively shown unless tbe cases can be distinguished. Tbe burden in tbis respect is on the appellee, and his counsel ingeniously…
2Cases cited2 opinions
- Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
- Jeffrey v. K. & D. M. R. Co.Supreme Court of Iowa · 1879
3Cited by10 opinions
- Phillips v. ThomasWashington Supreme Court · 1912
- Winey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- Swanson ex rel. Langstrum v. FrenchSupreme Court of Iowa · 1894
- Lundy v. LundySupreme Court of Iowa · 1902
- Macke v. WagenerNebraska Supreme Court · 1921
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