Pershing v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from, Pollc Circuit Court. ■ On tbe eighth day of February, 18S5, a passenger train on defendant’s railway was derailed, as is supposed, by a broken rail, at a point near a bridge over a gully or ravine.
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Appeal from, Pollc Circuit Court. ■ On tbe eighth day of February, 18S5, a passenger train on defendant’s railway was derailed, as is supposed, by a broken rail, at a point near a bridge over a gully or ravine. When the train went upon tbe bridge, the wheels on one side passed ontside of the guard-rail, and tbe bridge was broken down, and tbe car in which plaintiff’s intestate was riding as a passenger was thrown into the gully or ravine, and she received injuries which caused her death. This action was brought for the recovery of the damages sustained by her estate. There was a verdict and…
1Opinion of the CourtReed, J.
It is alleged in the petition that the injury was .caused by the negligence of the defendant, and that its negligence consisted (1) in the manner in which its track and *563bridge were constructed and maintained, the latter being, insufficient; and (2) in the manner in which the train was being run at the time of the accident. The evidence is not contained in the abstract, but it is recited in the “ bill of. exceptions” that plaintiff introduced evidence tending to prove the occurrence of the accident and injury, and that the deceased was not guilty of any contributory negligence, and that the…
2Cases cited5 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Kansas Pacific Railway Co. v. MillerSupreme Court of Colorado · 1874
- Sales v. Western Stage Co.Supreme Court of Iowa · 1857
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1878
3Cited by15 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
- Fitch v. Mason City & Clear Lake Traction Co.Supreme Court of Iowa · 1904
- Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
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