107 Iowa 287 | Iowa | 1899
I. Except in a few particulars, that will be mentioned, there is no conflict in the evidence. The following is a sufficient statement of the facts for the purposes of this appeal: Defendant’s railway runs east and west through the town of Anita; the depot building being on the north side of the track, and east of the crossing of a north and south street, called “Chestnut.” Part of the town is situated south, and part north, of the railway; and said crossing, being the principal one, is much used. The track east from the crossing is straight for a long distance, and slightly down grade to the west. Some distance south of the track, and east of Chestnut street, was a steam mill, with a driveway around it and between it and a large corncrib standing north, between the mill and the track, and running lengthwise east and west. The mill and crib obscured a view of trains coming from the east by persons going north on the street until the northwest corner of the crib was passed, and from there the view was quite extended. There is some conflict as to the distance from the track to the crib., from the northwest corner of the crib to' the crossing, and the extent of the view of the track to the east. The exact distances are not very material, as it is manifest that, taking the shortest distances claimed, deceased had ample opportunity to have seen the train in time to have avoided the collision, if nothing had occurred to prevent him from doing so. In the forenoon of March 10, 1894, deceased, accompanied by his, wife, drove his two-horse team and wagon into the north part of the town; and, after leaving Mrs. Stone at a store he drove south, over the crossing, to* the south side of the mill, and from there, around the mill, out onto' Chestnut street, and thence north onto the crossing, where the fast passenger train going west struck the wagon and killed Mr.