Benton v. C. R. I. & P. R.
Supreme Court of Iowa
Appeal from Poweshiefy Circuit Court. The plaintiff is a widow, and the surviving parent of one Silas Benton, who was killed by being run over by one of the defendant’s trains. The deceased at the time of bis death was about eleven years of age. The evidence shows that he, with several other boys of about his age, entered an empty freight car which constituted one of a train which had been made up at the town of Brooklyn.
Read the full summary
Appeal from Poweshiefy Circuit Court. The plaintiff is a widow, and the surviving parent of one Silas Benton, who was killed by being run over by one of the defendant’s trains. The deceased at the time of bis death was about eleven years of age. The evidence shows that he, with several other boys of about his age, entered an empty freight car which constituted one of a train which had been made up at the town of Brooklyn. The train when the boys entered the car ivas about ready to start. Their object in entering the car appears to have been, as one of the boys expressed' it, “to steal a ride…
1Opinion of the Court
Adams, Ch. J.
i. evxdeítc® •. damages for |)monaim I. The defendant assigns as error the admission of certain evidence. A witness was allowed to testify, against the objection of the defendant, that the plaintiff was not in good health. The plain0]^60^ 0f course, in introducing this evidence was to enhance the amount of her recovery, but we think it was.not admissible, for that or any other purpose. She was entitled to recover, if she could recover at all, to the extent of her pecuniary loss, and that only. It would be too. much to presume that the earnings of the deceased would have been…
2Cases cited6 opinions
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Weymire v. WolfeSupreme Court of Iowa · 1879
- De Camp v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- Brink v. MortonSupreme Court of Iowa · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thibeault v. PooleMassachusetts Supreme Judicial Court · 1933
- Wardlow v. City of KeokukSupreme Court of Iowa · 1971
- Handeland v. BrownSupreme Court of Iowa · 1974
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
- Waterbury v. New York C. & H. R. R. Co.U.S. Circuit Court for the District of Northern New York · 1883
17 more not listed; retrieve them via the Exa API.