Johnson v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Action to recover damages for a horse killed and a wagon broken by a train on defendant’s road, when being driven by plaintiff across defendant’s tracks within the limits of the depot grounds. Trial by jury. Under direction of the court the jury rendered a verdict for defendant, and plaintiff appeals.
1Opinion of the CourtServers, C. J.
— The only ground of negligence stated in the petition is that defendant’s train which caused the injury was being operated and run at a rate of speed exceeding eight miles an hour. It is provided by statute that any “corporation operating a railroad that fails to fence the same against live stock running at large, at all points where such right to fence exists, shall be liable to the owner of any stock injured or killed by reason of such want of fence, for the value of the property or damage caused, unless the same was caused by the wilful act of the owner or his agent; and in order to…
2Cases cited1 opinion
- Monahan v. Keokuk & Des Moines RailwaySupreme Court of Iowa · 1877
3Cited by5 opinions
- Fawkner v. Lew Smith Wall Paper Co.Supreme Court of Iowa · 1893
- Draffin v. MasseyCourt of Appeals of Georgia · 1956
- Cohoon v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1895
- Bertram v. BurtonSupreme Court of Kansas · 1929
- Strever v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1898