Soward v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from Boone District Court. - Action to recover for stock, a mare and mule, killed by the defendant’s train. The plaintiff in his petition alleged that the stock was killed on the unfenced track of the defendant’s railroad, where it had the right to fence; that such killing was without the fault of plaintiff; that he had served notice and affidavit of said loss, etc., upon defendant, who had neglected to pay as required by statute, and plaintiff was entitled to recover…
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Appeal from Boone District Court. - Action to recover for stock, a mare and mule, killed by the defendant’s train. The plaintiff in his petition alleged that the stock was killed on the unfenced track of the defendant’s railroad, where it had the right to fence; that such killing was without the fault of plaintiff; that he had served notice and affidavit of said loss, etc., upon defendant, who had neglected to pay as required by statute, and plaintiff was entitled to recover double damages, in the sum of $500. The defendant, by answer, denied the allegations of the petition, and for further…
1Opinion of the CourtCole, J.
The evidence tends to show that a public highway was laid along the line between sections 33 and Sé in township 81, range 27 west, about the year 1855 ; that the defendant’s railway was constructed there in 1866; that prior to its construction the country was open prairie, and the travel at certain seasons of the year, and when the ground was wet, was from one hundred and fifty to two *388hundred and fifty yards west of the line of the highway where the railroad crossed it; that the defendant made a highway crossing, with proper cattle guards, save that they were ninety-three feet apart, at this…
2Cases cited2 opinions
- The People v. . CookNew York Court of Appeals · 1853
- State v. KimballSupreme Court of Iowa · 1867
3Cited by3 opinions
- Atchison, Topeka & Santa Fé Railroad v. GriffisSupreme Court of Kansas · 1882
- Chicago, Burlington & Quincy Railroad v. DowhowerNebraska Supreme Court · 1905
- Sarver v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1897