Upton v. Hines
Supreme Court of Iowa
Appeal from Boone District Court. — E. M. McCall, Judge. Action at law, to recover damages to an automobile belonging to plaintiff, which was struck by one of defendant’s trains upon a railroad crossing in the town of Ogden? Trial to a jury. At the close of plaintiff’s evidence, defendant’s motion for a directed verdict was sustained. Thereafter, the trial court sustained plaintiff’s motion for a new trial. The appeal is from such order. —
1Opinion of the CourtPreston, J.
— The appellant states that the only question in the case is whether plaintiff was guilty of contributory negligence, as a matter of law. Perhaps a more accurate statement of the question would be whether the trial court abused its discretion in granting a new trial. Briefly, the negligence alleged is that defendant was exceeding the speed limit, as provided by the ordinances of the town;' was operating the train at said place at an excessive and negligent rate of speed; failed to give proper signal and warning of the approach of the train; had failed to equip the crossing with a gong or…
2Cases cited24 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Toney v. Interstate Power Co.Supreme Court of Iowa · 1917
- Beemer v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1917
- Powers v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Sohl v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
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3Cited by5 opinions
- Beach v. City of Des MoinesSupreme Court of Iowa · 1947
- Munkel v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Minnesota · 1938
- Russell v. ScandrettSupreme Court of Iowa · 1938
- Upton v. HinesSupreme Court of Iowa · 1924
- Scherer v. ScandrettSupreme Court of Iowa · 1944