75 Iowa 393 | Iowa | 1888
— I. The material facts in the case are in substance as follows: The defendant, and the Chicago & Northwestern Railway Company, and the Burlington, Cedar Rapids & Northern Railway Company, all have railroad tracks on Fourth street, in the city of Cedar Rapids. The street, while not laid out with the cardinal points of the compass, may, for the purposes of this opinion, be said to run east and west.. On the west side of the street are two tracks belonging to the Northwestern road; next is the track of the Burlington, Cedar Rapids & Northern road ; and on the east side of the street is the track of the road of the defendant, the Chicago, Milwaukee & St. Paul Railroad Company. The four tracks practically occupy all of that part of the street which is between the sidewalks ; that is, the street is not used to any extent for travel and traffic. These railroad tracks are used by all the trains of these roads. There are no other tracks upon which said companies run trains through the city. Fourth street is crossed at right angles by First, Second, Third and other avenues. Owing to the great number of trains passing over these tracks, it became necessary some years ago to place flagmen at the crossings of First, Second and Third avenues, in order to protect travelers upon those avenues from collisions with trains. The Burlington, Cedar Rapids & Northern Company employed a flagman at the First avenue crossing. The Chicago & Northwestern Company employed one at the Second avenue crossing, and the defendant employed one