Home/Supreme Court of Iowa/Mann v. Des Moines Railway Co.

Mann v. Des Moines Railway Co.

7 N.W.2d 45, 232 Iowa 1049
CourtSupreme Court of Iowa
DecidedDecember 15, 1942
DocketNo. 46107.
StatusPublished
Cited by37 cases

This text of 7 N.W.2d 45 (Mann v. Des Moines Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mann v. Des Moines Railway Co., 7 N.W.2d 45, 232 Iowa 1049 (iowa 1942).

Opinions

Bliss, J.

The collision occurred within the city of Des Moines, shortly after 1 o’clock in the morning of Christmas Day, 1940. The rough drawing following will aid in describing how and where the collision took place.

The railway track shown is. a part of the Douglas Avenue car line, which extends north and south along the east boundafy line of Grand View Park. It is a public city park with roads and drives therein for the use of the public. The defendant owns the right of way on'which its track is laid, north from Easton Boulevard which extends northeasterly along the southerly side of the park. This right of way abuts on the east side of the park. A part of one of the park roads is shown within the curved outlines just to the west of the railway track and extending to and across the track. This is the eastern exit of the park. This road across the track merges into Sheridan Avenue at and immediately west of the street railway track. In other words, the road over and across the right of way at this place connects the park road with Sheridan Avenue. Commencing almost at the south end of the crossing, the railway track runs south through a deep cut for a distance of 330 feet. For substantially this entire distance, the top of each bank of the cut is as high as or higher than the top of a streetcar. The banks taper down just as they come within a short distance of the south end of the crossing. Inside the park and along the bank *1052 next to it just south, of the crossing are a considerable number of trees which interfere with a view toward or from,the track. *1053 A few feet north of the crossing and immediately east of the track and on the right of way, is a rectangular wooden sign erected on a post, with these words on the signboard: “Looit Out FoR The CaRs. Railroad Crossing.” This sign is indicated by the figure “3” on the drawing. On the west side of the track and just north of the park road at the crossing, and directly west of the signboard just described, is another rectangular signboard, about 3 feet long and 2% feet wide or high, set on top of a post about 6 or 7 feet above the ground and about half way down the 3-foot embankment of the track. On this signboard are these printed words in substantially this form:

*1052

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Bluebook (online)
7 N.W.2d 45, 232 Iowa 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-des-moines-railway-co-iowa-1942.