Home/Supreme Court of Iowa/Payne v. C., R. I. & P. R.

Payne v. C., R. I. & P. R.

39 Iowa 523
CourtSupreme Court of Iowa
DecidedOctober 7, 1874
StatusPublished
Cited by24 cases

This text of 39 Iowa 523 (Payne v. C., R. I. & P. R.) 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
Payne v. C., R. I. & P. R., 39 Iowa 523 (iowa 1874).

Opinion

' Day, J.

Early in the morning of the 15th of February, 1872, the plaintiff, and three of his neighbors, William Eamsey, W. A. Lemon and James Blanchard, started in.an open two horse wagon from Palmyra, in Warren county, to Des Moines, distant twenty miles, where they arrived at 11 o’clock, a. m. The team and wagon belonged to none of the parties, [524]*524but they were under the control of Blanchard. ' The parties remained in Des Moines four hours, and started for home at 3 o’clock, p/m. driving by turns. The wagon was loaded with a barrel of oil, canned peaches and oysters, candy, wagon tiim her and iron. There was considerable bar iron extending beyond the end gate, which was let in upon the iron. Some loose scrap iron was loaded upon the bar iron. The road was frozen and rough, and the character of the loading was such as to make considerable noise. At Des Moines plaintiff drank two glasses of beer, and twice drank gin. On the way home, before the accident, all the parties drank gin twice, except Lemon who drank only once.

The situation of the railroad, the highways, and the adjacent objects will be understood by the accompanying plat. [See opposite jpage.]

The distance from the crossing to North River bridge is nine-tenths of a mile, and to the curve of the road seven-tenths of amile. Prom Jack McGlothlin’s house to the railroad the distance is 208 feet; and to the highway 378 feet. The grove at Jack McGlothlin’s house is one hundred and fifty feet from north to south, and one hundred feet from east to west. The trees are four inches in diameter. The country north of the railroad and east of the highway, lying between .widow McGlothlin’s and North River bridge, is open prairie bottom, considerably lower than the wagon road, there being nothing to obstruct the view save fences, crops, and Jack McGlothlin’s house and grove. The railroad track, from the crossing to the ■ curve indicated on the plat, is straight. The plaintiff and his party reached Avon, six or seven miles from Des Moines, about 6^- o’clock p. m.

From the railroad crossing at Avon to the widow McGlothlin’s the distance is about one-fourth of a mile, and from the widow McGlothlin’s south to the crossing, where the accident occurred, the distance is about the same. From about Avon to the widow McGlothlin’s, Ramsey, Blanchard and plaintiff walked. At the widow McGlothlin’s plaintiff’s companions .helped him into the wagon, and he sat, or rather reclined, in .the front end of the wagon, with his back to0ward the team.

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39 Iowa 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-c-r-i-p-r-iowa-1874.