Weaver v. Chicago & N. W. Railway Co.
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. William: Hutchinson, Judge. This is an action for double damages for the killing ' of stock upon defendant’s railway at a place where it had an alleged right to fence. At the close of plaintiff’s evidence, the trial court directed a verdict for the defendant. Plaintiff appeals.
1Opinion of the CourtEvans, J.
Plaintiff sues for the double value of two horses belonging to him which were killed upon defendant’s railway track on the night of December 10, 1906. The petition is in two counts. In the first count he avers that the horses were killed at a place upon defendant’s track and right of way where the defendant had a right to fence and failed to do so. In the second count it is averred that the horses were killed upon a public crossing, and that the defendant was negligent in failing to blow the whistle and ring the bell in approaching such crossing, as required by statute.
1. Railroads:…
2Cases cited5 opinions
- Craig v. Wabash RailroadSupreme Court of Iowa · 1903
- Norman v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1900
- Hovorka v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Jones v. City of Des MoinesSupreme Court of Iowa · 1876
- Fowbel v. Wabash R. R.Supreme Court of Iowa · 1904
3Cited by2 opinions
- Hawkins v. Interurban Railway Co.Supreme Court of Iowa · 1918
- Sterlane v. FlemingSupreme Court of Iowa · 1945