Smith v. Sioux City & Pacific R. R.
Supreme Court of Iowa
Appeal from Woodbu/ry Ci/reuit Court. Action to recover doifble the value of a cow hilled by a train of cars upon defendant’s road at a place where there was no fence but where defendant had the right to fence. There was a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
— The objections to the judgment in this case are based upon the grounds that the verdict is in conflict with the evidence and that certain instructions given to the jury are incorrect. Neither demands extended consideration.
1. Evidence: oíS"applaLy I. The defendant’s counsel insist that the evidence shows the cow was struck by the ‘train at the crossing of a public highway, and the finding of the jury to the contrary is in conflict with the 'testimony in the case. Upon this point there was a conflict in the evidence. The defendant’s witnesses testify that they were upon the . train,…
2Cited by13 opinions
- Odegard v. GregersonSupreme Court of Iowa · 1944
- Heavilin v. WendellSupreme Court of Iowa · 1932
- State v. ReillyNorth Dakota Supreme Court · 1913
- Campbell v. OrmsbySupreme Court of Iowa · 1885
- Fenner v. Crips Bros.Supreme Court of Iowa · 1899
8 more not listed; retrieve them via the Exa API.