Farley v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Davis Circuit Court. Action to recover damages sustained on account of personal injuries received by plaintiff from having been thrown, with his horse and sleigh, from an embankment used for public travel at the crossing of a highway over defendant’s railroad. It is alleged that the embankment was a part of the railroad crossing and was not in good condition and safe for travel at the time plaintiff was injured.
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Appeal from Davis Circuit Court. Action to recover damages sustained on account of personal injuries received by plaintiff from having been thrown, with his horse and sleigh, from an embankment used for public travel at the crossing of a highway over defendant’s railroad. It is alleged that the embankment was a part of the railroad crossing and was not in good condition and safe for travel at the time plaintiff was injured. There was a verdict and judgment for plaintiff; defendant appeals. When the facts are conceded, the question of negligence becomes one of law and not of fact. (Todd v. Old…
1Opinion of the CourtBeck, J.
The only questions presented and discussed by counsel for defendant arise upon the instructions given by the court to the jury. Certain of these announce the rule that railroad corporations ai’e required to construct, 'at all points where their roads cross public highwaj^s, good, sufficient and safe crossings, and for neglecting so to do are liable for all damages resulting therefrom, and the duty to construct such crossings carries with it the duty to maintain and keep them in proper repair, and the corporations are liable for all damages from a neglect of this duty. The term crossing…
2Cases cited1 opinion
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
3Cited by26 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Bullock v. Yakima Valley Transportation Co.Washington Supreme Court · 1919
- Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
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