133 Iowa 185 | Iowa | 1907
It is alleged in the petition that the cattle of plaintiff were standing on a highway crossing as defendant’s train running at a high rate of speed approached such crossing; that the cattle were in plain view of the engineer in charge of the train for a distance of about a mile; that, disregarding the fact of the presence of the cattle, such engineer failed and neglected to sound his whistle or otherwise give alarm of the approach of the train; and that he made no attempt to slacken the speed of his train, but carelessly- and negligently ran his engine into the cattle, killing several thereof. The answer admitted the killing of the cattle, but denied the allegations of negligence. The evidence for plaintiff made it appear that the cattle had escaped from his pasture through a defective line fence into the field of a neighbor, and had gone from thence out upon
This disposes of the matters complained of, and, having concluded that there was no error, the judgment is affirmed.