Brann v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal. from Van Bv/ren District Gourt. The plaintiff 'was in tbe employ of tbe defendant as brakeman on a freight train. On one of' tbe cars composing tbe train there was a ladder for tbe purpose of enabling tbe employes to ascend and descend, and also a “ band bold,” for tbe purpose of aiding them in reaching tbe ladder.
Read the full summary
Appeal. from Van Bv/ren District Gourt. The plaintiff 'was in tbe employ of tbe defendant as brakeman on a freight train. On one of' tbe cars composing tbe train there was a ladder for tbe purpose of enabling tbe employes to ascend and descend, and also a “ band bold,” for tbe purpose of aiding them in reaching tbe ladder. Among other grounds of negligence, in tbe petition it was alleged that said “ band bold ” was out of repair, and by reason thereof tbe plaintiff, while attempting to descend from said car, as bis duty required him to do, was thrown violently to tbe ground and greatly…
1Opinion of the Court
Sebvers,-J.
The “ hand hold ” is made of iron and fastened to the top of the car, for the use of the employes ascending or descending the car. That it was loose, or unfastened at one end when the plaintiff attempted to descend, because his duty required him to do so; and that in consequence thereof he was thrown or fell to the ground, and was greatly injured without fault on his part, must for the purposes of this case be conceded.
The court directed the j ury to find for the defendant because: “ First. There was no evidence sufficient to warrant the jury in finding for the plaintiff, and…
2Cases cited11 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Malone v. . HathawayNew York Court of Appeals · 1876
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Cincinnati, Hamilton & Dayton Railroad v. McMullenIndiana Supreme Court · 1889
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
26 more not listed; retrieve them via the Exa API.