Tackett v. Taylor County
Supreme Court of Iowa
Appeal from Adams District Court. — TIon. IT. M. Towner, Judge. When tbe traction engine owned by John Rowe was about one-third over the Hoover bridge, constructed by Taylor county thirteen or fourteen years before the trial, the supporting’ rod drew through the east end of one of the beams on which the joist and plank covering rested. The bridge gave way, precipitating the engine in the creek about twelve feet below.
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Appeal from Adams District Court. — TIon. IT. M. Towner, Judge. When tbe traction engine owned by John Rowe was about one-third over the Hoover bridge, constructed by Taylor county thirteen or fourteen years before the trial, the supporting’ rod drew through the east end of one of the beams on which the joist and plank covering rested. The bridge gave way, precipitating the engine in the creek about twelve feet below. The plaintiff was injured, and in this action sought to recover- damages. A verdict was returned for defendant, and judgment entered thereon. The plaintiff appeals.
1Opinion of the CourtLadd, J.
In ruling upon a demurrer to one division of defendant’s answer, and also in instructing the jury, the court held that if plaintiff was assisting in moving the traction engine over the defendant’s bridge, and so doing without the use of plank sjich as are exacted by the statute, he could not recover. Appellant excepted to this construction of the law on two grounds: (1) For that plaintiff was not *150in charge of the engine; and (2) because the injury was not the proximate result of the omission to make use of plank such as required by law. The statute upon the subject reads: “Whenever any engine…
2Cases cited20 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Carlson v. MeusbergerSupreme Court of Iowa · 1925
- Lerette v. Director General of RailroadsIllinois Supreme Court · 1922
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Bonnier v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1954
- Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
12 more not listed; retrieve them via the Exa API.