Valleau v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from O’Brien District Court — Hon. Scott M. Ladd, Judge. Action to recover double the value of a steer killed by a train on defendant’s road, which was not fenced at the place where the accident occurred, although the right to fence existed. Trial by jury, and verdict for the plaintiff for $80, and judgment. The defendant appeals.
1Opinion of the Court
Seevers, Oh. J.
i. bajxkoads: killing steer ”nmuin:at large.-’ I. The amount in controversy, as shown by the pleadings, being less than $100, we are required to answer certain questions certified by the trial . . . . , ,. .. ,, „ Ju(%e; among which are the following: “ iSecond. Is a steer running at large, in the meaning of section 1289 of the Code of Iowa, when the facts established by the evidence show that the steer in question was in the possession of one Murphy for the purpose of herding for the plaintiff; that during the day of the accident one of Murphy’s boys had been herding the said…
2Cases cited2 opinions
- Hinman v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1870
- Smith v. K. C. St. J. & C. B. R. Co.Supreme Court of Iowa · 1882
3Cited by4 opinions
- Lemery v. LeonardOregon Supreme Court · 1921
- Foster v. BusseySupreme Court of Iowa · 1906
- Miracle Pressed Stone Co. v. RothSupreme Court of Iowa · 1909
- Binder v. Chicago & North Western Ry. Co.Supreme Court of Iowa · 1913