Blossi v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. C. G. Lee, Judge. Action at law to recover damages for injuries received by plaintiff in a collision with one of defendant’s trains at a street crossing in tbe town of Eldora, due, as is alleged, to defendant’s negligence. Defendant denied any negligence, pleaded plaintiff’s contributory negligence, and a full and complete settlement with him of all claims for damages.
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Appeal from Hardin District Court. — Hon. C. G. Lee, Judge. Action at law to recover damages for injuries received by plaintiff in a collision with one of defendant’s trains at a street crossing in tbe town of Eldora, due, as is alleged, to defendant’s negligence. Defendant denied any negligence, pleaded plaintiff’s contributory negligence, and a full and complete settlement with him of all claims for damages. There was a trial to a jury, and at the con-, elusion of the testimony the court, on defendant’s motion, directed a verdict for defendant, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
The negligence charged against the defendant is as follows:
That at said time, without giving any signals required to be given by trains approaching highway crossings, the defendant recklessly, wantonly, and negligently, at a high and dangerous rate of speed, ran an engine and cars upon and over said street crossing while plaintiff was driving his team thereon, and in such a wanton and negligent manner as to not allow plaintiff to pass over said crossing in safety, but ran said train upon and against plaintiff’s said team and against plaintiff, who was at the time riding in *699the vehicle drawn…
2Cases cited16 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Cherry v. Des Moines LeaderSupreme Court of Iowa · 1901
- McKinney v. HerrickSupreme Court of Iowa · 1885
- Sutcliffe v. Iowa State TravelIng Men's Ass'nSupreme Court of Iowa · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Van Wie v. United StatesDistrict Court, N.D. Iowa · 1948
- Whitmore v. HerrickSupreme Court of Iowa · 1928
- Preston v. HowellSupreme Court of Iowa · 1934
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- First National Bank v. Ten NapelSupreme Court of Iowa · 1924
14 more not listed; retrieve them via the Exa API.