Miller v. Minnesota & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Dulmque District Court. — Hon. C. F. Couch, Judge. Action to recover damages for injuries to Joseph Miller, the plaintiff’s intestate, which resulted in his death. The injury was caused by a construction train upon which the deceased was riding, and which, it is alleged, was so negligently operated that it spread the rails, left the track, and partially turned over, and in consequence thereof Miller was killed.
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Appeal from Dulmque District Court. — Hon. C. F. Couch, Judge. Action to recover damages for injuries to Joseph Miller, the plaintiff’s intestate, which resulted in his death. The injury was caused by a construction train upon which the deceased was riding, and which, it is alleged, was so negligently operated that it spread the rails, left the track, and partially turned over, and in consequence thereof Miller was killed. There was a trial by a jury, and a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the Court
Rothrock, J.,
— The train by which the deceased was killed was a track-layers ’ construction train. The road was unfinished at the place of the accident. The rails were not spiked to all of the ties ; and as the train, which consisted of cars heavily loaded with steel rails and other construction materials, was being backed to the end of the track, the rails in the track spread, the train was derailed, and Miller, who was riding on one of the cars loaded with rails, was killed. A material question in the case is, was the defendant in any event liable in damages for the alleged negligence…
2Cases cited5 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
- Callahan v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
- Kellogg v. PayneSupreme Court of Iowa · 1866
- Wood v. Ind. Sch. Dist.Supreme Court of Iowa · 1876
- Hitte v. Republican Valley RailroadNebraska Supreme Court · 1886
3Cited by43 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
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