Legal Opinion · Dissent

Murphy v. C., R. I. & P. R. R.

Supreme Court of Iowa

Decided June 16, 1874Published

Appeal from Polk Circuit Cotort. This action is brought to recover damages for the death of John Murphy, alleged by plaintiff to have been caused by the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the accident resulting in the death was contributed to and caused by the negligence and carelessness of the deceased. There was a jury trial, with' verdict and judgment for three thousand dollars for plaintiff.

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Appeal from Polk Circuit Cotort. This action is brought to recover damages for the death of John Murphy, alleged by plaintiff to have been caused by the negligence of the defendant’s employes. The defendant denies the negligence on its part, and alleges that the accident resulting in the death was contributed to and caused by the negligence and carelessness of the deceased. There was a jury trial, with' verdict and judgment for three thousand dollars for plaintiff. The defendant appeals.

1Dissent

Reck, J.,

dissenti/ng. — I am unable to concur in the foregoing opinion, and will briefly present the grounds of my dissent.

e. railroads: desirians. I. License to use the track of a railroad by footmen unquestionably may be inferred from acquiescence in long use in that way by the public, with the knowledge of the corporation operating the cars used thereon. Evidence of this character is sufficient in this State to establish the existence of a way by prescription or dedication. Onstott & Edwards v. Murray, 22 Iowa, 457. Such evidence will certainly support a presumption that the use in the…

2Cases cited3 opinions

  1. Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
  2. Onstott v. MurraySupreme Court of Iowa · 1867
  3. Evans v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866

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