Wirstlin v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Linn District Gourt.— Hon. W. N. Treichler, Judge. Action at law to recover damage for stock killed by defendant company, due, as is alleged, to defendant’s negligence in failing to construct and maintain a sufficient gate in its fence at a private crossing on plaintiff’s land. Defendant, interposed a general denial, and on tbe issues thus joined the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
The alleged grounds of negligence were as follows: “ That said gate in said line fence on the south side of said crossing and right of way was carelessly and negligently constructed and maintained; that the same was old and rickety, the nails in the cross-pieces thereof had become loosened and extracted by the shaking thereof; that there was no cross-piece nailed on the supporting posts on either side of said gate, that the only fastening of said gate, as origi*172nally constructed, consisted of a notch cut in the lower side of an inch board, which projected beyond the end of the gate, designed…
2Cases cited19 opinions
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- East Tennessee Coal Co. v. DanielTennessee Supreme Court · 1897
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Armstrong v. Town of AckleySupreme Court of Iowa · 1887
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3Cited by5 opinions
- Swiney v. American Express Co.Supreme Court of Iowa · 1908
- Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910
- O'Mara v. Newton & Northwestern RailroadSupreme Court of Iowa · 1908
- Bowery v. Wabash Railway Co.Supreme Court of Iowa · 1919
- Harper v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913