Ford v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Cedar District Court. — How. W. Q. Thompson,. J udge. Action at law to recover damages resulting from the-death of H. P. Ford. The negligence alleged is failure to. erect a safe and sufficient cattle guard at a place where the railroad crosses a public street in the town of West Liberty. The defendant denied the alleged negligence, and pleaded contributory negligence and waiver of the defects. The plaintiff, in reply, pleaded protest and promise of repair.
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Appeal from Cedar District Court. — How. W. Q. Thompson,. J udge. Action at law to recover damages resulting from the-death of H. P. Ford. The negligence alleged is failure to. erect a safe and sufficient cattle guard at a place where the railroad crosses a public street in the town of West Liberty. The defendant denied the alleged negligence, and pleaded contributory negligence and waiver of the defects. The plaintiff, in reply, pleaded protest and promise of repair. The-case was tried to a jury, resulting in a verdict and judgment, for plaintiff. Defendant appeals.
1Opinion of the Court
Deembr, O. J.
This is the third time this case has been before ns. The first opinion will be found in 91 Iowa, 179,. the second in 71 N. W. Rep. 332. A re-hearing was granted on the second appeal, and the case has again received most careful consideration. The facts are fully set.out in the first opinion, and heed" not be repeated, except in so far as they may be necessary to a full understanding of the points decided upon this appeal.
1 *882 *89■3 4 *905 *87The court instructed that under the issues the burden was on the plaintiff to establish the alleged negligence, the injury to the estate and consequent…
2Cases cited22 opinions
- Crowley v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1885
- Wells v. B. C. R. & N. R.Supreme Court of Iowa · 1881
- Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
- McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
- Pieart v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Clemens v. Chicaco, Rock Island & Pac. Ry. Co.Supreme Court of Iowa · 1913
- Smith v. City of YanktonSouth Dakota Supreme Court · 1909
- Foster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- State v. FourchySupreme Court of Louisiana · 1899
9 more not listed; retrieve them via the Exa API.