Legal Opinion

Croddy v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Iowa

Decided October 5, 1894PublishedCited by 12 opinions

Appeal from Wapello District Court. — Hon. F. C. Mitchell, Judge. On the seventh day of October, 1889, a colt belonging to plaintiff was killed by a train of cars on defendant’s line of road, at or near what is known as ‘ ‘Bellerton’s Crossing,” in Wapello county.

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Appeal from Wapello District Court. — Hon. F. C. Mitchell, Judge. On the seventh day of October, 1889, a colt belonging to plaintiff was killed by a train of cars on defendant’s line of road, at or near what is known as ‘ ‘Bellerton’s Crossing,” in Wapello county. This action was brought to recover the value of the colt, on the grounds: First, that the crossing was in a dangerous' and_unsafe condition; second, that the train was negligently and carelessly operated; and, third, that the accident occurred at a place where the defendant had a right to fence and failed to do so. The answer of the…

1Opinion of the CourtDeemek, J.

1 I. Appellee has filed a motion to strike appellant’s amended abstract from the files. This amendment was in response to an amended abstract presented by appellee, and was filed July 21, 1893, with appellant’s opening argument. The original abstract was filed June 20, 1893, appellee’s amended abstract June 26, 1893, and the appellee’s argument was not filed until September 26. We think, in view of these facts, that the motion should be overruled. Palo Alto Co. v. Harrison, 68 Iowa, 81, 26 N. W. Rep. 16; Frost v. Parker, 65 Iowa, 178, 21 N. W. Rep. 507; Wells v. Railroad Co., 56 Iowa, 520, 9…

2Cases cited11 opinions

  1. Hudson v. C., & N. W. R. R.Supreme Court of Iowa · 1882
  2. Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
  3. Frost v. ParkerSupreme Court of Iowa · 1884
  4. Hammond v. WolfSupreme Court of Iowa · 1889
  5. Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Langhammer v. City of ManchesterSupreme Court of Iowa · 1896
  2. Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
  3. Sims v. SimsSupreme Court of New Jersey · 1910
  4. Kirchoff v. Hohnsbehn Creamery Supply Co.Supreme Court of Iowa · 1909
  5. Reeves v. Dubuque & Sioux City Railway Co.Supreme Court of Iowa · 1894

7 more not listed; retrieve them via the Exa API.

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