Ashcraft v. Davenport Locomotive Works
Supreme Court of Iowa
Appeal from Scott District Court.- — How. James W. Bollinger, Judge. Action at law to recover damages for injuries received by plaintiff due to a fall upon him of' a heavy piece of boiler plate which was 'being handled by defendant’s employees with the use of a crane. Defendant denied liability, pleaded that the negligence, if any, was that of a fellow servant, and also assumption of risk.
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Appeal from Scott District Court.- — How. James W. Bollinger, Judge. Action at law to recover damages for injuries received by plaintiff due to a fall upon him of' a heavy piece of boiler plate which was 'being handled by defendant’s employees with the use of a crane. Defendant denied liability, pleaded that the negligence, if any, was that of a fellow servant, and also assumption of risk. The case was tried to a jury, resulting in a verdict for plaintiff in the sum of $15,000. The trial court overruled defendant’s motion for a new trial on condition that plaintiff accept judgment for $1,500,…
1Opinion of the CourtDeemer, C. J.
Plaintiff was employed by defendant as a boiler maker’s helper, and on the day of the acident was directed by the foreman to assist in unloading from a railway car some steel plates or sheets. Plaintiff had never been engaged in this work before, and testified that he did not know the perils thereof. The sheets or plates were about ninety-six inches wide, one hundred and twenty inches long, and varied in thickness from one-fourth to one-half inch, some of the testimony tending to show that there were a few three-sixteenths of an inch in thickness. They each weighed approximately one thousand *423p…
2Cases cited22 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Neal v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1905
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Phillips v. BriggsSupreme Court of Iowa · 1932
- Rauch v. Des Moines Electric Co.Supreme Court of Iowa · 1928
- Hall v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1924
- Tisher v. Union P. R. Co.Supreme Court of Iowa · 1916
8 more not listed; retrieve them via the Exa API.