134 Iowa 722 | Iowa | 1907
The injury which resulted in the death of C. A. Meyer occurred at a public highway crossing on the 26th day of December, 1904, about ten o’clock in the morning. The defendant’s railroad at and near the place where the injury occurred runs east and west, and the public-highway west of the crossing and south of the defendant’s road runs east and west practically parallel with the defendant’s road. On the day in question, Meyer and his wife were riding eastward on this public highway toward the crossing in question, and, while attempting to cross the defendant’s track, the buggy in which they were riding was struck by one of the defendant’s east-bound trains, and Mr. Meyers received injuries which soon thereafter caused his death.
The sole question presented for our consideration in this case is whether there was sufficient evidence of the deceased’s freedom from contributory negligence to sustain the verdict. There is a fill about three hundred and fifty feet long west of the crossing in question which runs from nothing to fourteen feet above the low place in the public highway, and west of the fill the road passes through a cut which is deep enough to completely obstruct the view .of an approaching train from a person looking westward from such low place in the public highway. The traveled highway, however, runs over the hill through which this cut is made, and from said highway on the hill there is an obstructed view of the ’ defendant’s road west for a considerable distance. Prom any point between the crossing and a point from fifty to seventy-five feet south thereof, there is'an unobstructed view of the defendant’s track for nine
The appellant’s motion to strike a part of the second amendment to the abstract filed by the appellee is sustained.
The judgment of the district court is affirmed.