Clark v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon.' William N. Treichler, Judge. Plaintiff, as executrix of the estate of Minnie D. Ash-brook, brought this action to recover damages in the sum of $1,999 for the alleged negligence of defendant causing death of deceased.
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Appeal from Marshall District Court. — Hon.' William N. Treichler, Judge. Plaintiff, as executrix of the estate of Minnie D. Ash-brook, brought this action to recover damages in the sum of $1,999 for the alleged negligence of defendant causing death of deceased. Trial to jury, and verdict for plaintiff in the sum of $400. Plaintiff moved for a new trial upon two grounds only: First, that the verdict was contrary to the evidence; second, that the amount assessed by the jury was inadequate. The motion was sustained. Defendant appeals.—
1Opinion of the CourtPreston, J.
No evidence was introduced on behalf of defendant. There is no complaint by either party as to the *632instructions or any o£ the rulings on the admission or exclusion of evidence. It appears that deceased, while crossing the tracks of defendant railway, in the city of Marshalltown, was struck and killed by one of defendant’s ears, which was being switched across the street. The grounds of negligence alleged are, substantially: First, switching the cars across the street without being in charge of a brakeman; second, not closing the gates before deceased went on the tracks; third, not giving…
2Cases cited5 opinions
- Ward v. Marshalltown Light, Power & Railway Co.Supreme Court of Iowa · 1906
- Hoyt v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1902
- Beems v. Chicago Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Talty v. City of AtlanticSupreme Court of Iowa · 1894
- Converse v. MorseSupreme Court of Iowa · 1910
3Cited by11 opinions
- Davidson v. VastSupreme Court of Iowa · 1942
- Little v. HughesLouisiana Court of Appeal · 1961
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1935
- State v. MayesSupreme Court of Iowa · 1979
- Azeltine v. LuttermanSupreme Court of Iowa · 1934
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