Meade v. K. C., St. J. & C. B. R. Co.
Supreme Court of Iowa
Appeal from Fremont District Court It is alleged in the petition that defendant did, with its locomotive engine and train of cars, in consequence of defendant not having fenced and inclosed Its railway as required by law, knock down, injure, bruise, run over, fatally injure, and entirely destroy, of the property of plaintiff, one two year old colt, of the value of one hundred dollars. The answer was a general denial. Verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtRothrock, J.
The plaintiff’s colt was found in a cattle-guard upon the defendant’s road. One of the bars of the cattle-guard was broken so as to allow the body of the animal to go through to the pit below. It was- seriously injured, so much so that the jury found that it was worthless. There was no evidence tending to show that the colt was actually struck by the engine or cars of defendant. The only witness who testified in behalf of the plaintiff, as to the running of the train near the point where it is claimed the accident happened, was the plaintiff himself. He testified that the cattle-guard where…
2Cited by5 opinions
- Brockert v. Central Iowa Railway Co.Supreme Court of Iowa · 1891
- Moore v. Burlington & Western R'y Co.Supreme Court of Iowa · 1887
- Sell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1925
- Fleming v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
- Karr v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893