Kellow v. Cent. Iowa Ry. Co.
| Decision Date | 07 April 1886 |
| Citation | 27 N.W. 466,68 Iowa 470 |
| Parties | KELLOW, JR., ADM'R, ETC., v. CENTRAL IOWA RY. CO. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Supplemental opinion on petition for rehearing.
Appellant filed a petition for a rehearing of the question considered in the fifth paragraph of the foregoing opinion. It is insisted that the opinion proceeds on a mistake of fact as to the length of time which elapsed between the occurrence of the injury and the death of Carter. We have examined the evidence contained in the record, and are satisfied that without conflict it establishes the facts substantially as stated in the opinion. It shows beyond controversy, we think, that the death was not simultaneous with the injury. We concede that the time between the two occurrences was brief, perhaps not exceeding three to five minutes. Our holding on the question considered is based, however, not on the length of time that Carter survived the injury, but upon the fact that he lived after it occurred.
It is insisted, however, that the holding in that respect is not in harmony with what was held in Sherman v. Western Stage Co., 24 Iowa, 515. No reference is made to that case in the opinion, for the reason that our attention was not especially called to it. That was an action by an administrator for damages on account of a personal injury which caused the death of the intestate, and the question whether a right of action accrued in favor of the decedent during her life-time, on account of the injury, was important because of its bearing on the question as to when the statute of limitations began to run. The injury in that case was caused by the overturning of a boat in which the deceased was being transported, by which she was thrown into the water and drowned. The interval of time between the overturning of the boat and the death of the intestate was greater, perhaps, than that which elapsed between the collision in question and the...
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Smith v. Whitaker
...one where a person survives the wrongful act in an injured condition.... See ... Kellow v. Iowa Cent. Ry. Co., 68 Iowa 470, 23 N.W. 740, 27 N.W. 466, ... where it was held that survival of the injury for a moment is sufficient to permit the cause of action to vest and [96 N.W. at 434-35 (em......
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...v. Des Moines City R. Co., 191 Iowa, 196, 179 N. W. 865;Kellow v. Central Iowa R. Co., 68 Iowa, 470, 478, 23 N. W. 740, 27 N. W. 466, 56 Am. Rep. 858. The rule has no application to the facts here. The negligence which resulted in the collision was that of the automobile driver. He was a st......
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Klann v. Minn
...Mass. 589, 35 N. E. 89;Corcoran v. Boston & A. R. Co., 133 Mass. 507;Kellow v. Central I. Ry. Co., 68 Iowa, 470, 23 N. W. 740, 27 N. W. 466, 56 Am. Rep. 858. We think the plaintiff has sufficiently alleged that there was a substantial period of suffering between the injury and death; hence ......
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Capital Trust Company v. Great Northern Railway Company
... ... 46; ... Beeler v. Butte & London Copper Development Co. 41 ... Mont. 465, 110 P. 528; Kellow v. Central Iowa Ry ... Co. 68 Iowa 470, 23 N.W. 740, 27 N.W. 466, 56 Am. St ... 858; Oliver v ... ...