Home/Supreme Court of Iowa/Wasson v. Illinois Central Railroad

Wasson v. Illinois Central Railroad

213 N.W. 388, 203 Iowa 705
CourtSupreme Court of Iowa
DecidedApril 5, 1927
StatusPublished
Cited by10 cases

This text of 213 N.W. 388 (Wasson v. Illinois Central Railroad) 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
Wasson v. Illinois Central Railroad, 213 N.W. 388, 203 Iowa 705 (iowa 1927).

Opinions

FAvIL1iJ~, J.

But one question is presented upon this appeal, and that is whether or not the court erred in directing a verdict in behalf of the appellee. We are required to view the evidence in the light most favorable to the appellant, under such circumstances. Appellant's intestate was in the employ of the city of Sioux City, as driver of a garbage wagon. The garbage dump where the decedent disposed of his load is situated east of what is known a~ the Floyd River Road, at Sioux City. Said road, at the point in question, runs north and soith, and is parallel to and on the east aide of the appellee's right of way. The railroad track where it crosses Nineteenth Street runs straight north from said point for a distance of at least three quarters of a mile. The accompanying photograph shows the situation at the crossing in question, looking north.

The distance from the center of the track east to the Floyd River Road is 83 feet. At the time óf the accident in question, appellant’s intestate approached Nineteenth Street from the • west, on the Floyd River Road. He had traveled a distance of 385 feet on said Floyd River Road, going north. He turned to the west upon Nineteenth Street. This brought him at rig-ht angles to the railroad track. Farther wést are other tracks, as shown in the photograph, the nearest of which is 30 or 40 feet west of appellee’s track. There were no tracks east of the tracks of the appellee. There was no obstruction on the track of the

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Related

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Bluebook (online)
213 N.W. 388, 203 Iowa 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wasson-v-illinois-central-railroad-iowa-1927.