Solan v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. Action to recover for personal injuries alleged to have been caused by the negligence of the defendant in permitting one of the rails in its tracks to become weak, cracked, and out of repair, and in running the caboose in which plaintiff was riding at a negligent rate of speed, in consequence of which said caboose was derailed, and plaintiff injured.
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Appeal from Sioux District Court. — Hon. Scott M. Ladd, Judge. Action to recover for personal injuries alleged to have been caused by the negligence of the defendant in permitting one of the rails in its tracks to become weak, cracked, and out of repair, and in running the caboose in which plaintiff was riding at a negligent rate of speed, in consequence of which said caboose was derailed, and plaintiff injured. The case was tried to a jury, and a verdict and judgment had in favor of the plaintiff for one thousand dollars. Defendant appeals. The issues and facts sufficiently appear in the…
1Opinion of the CourtGiven, C. J.
I. Plaintiff was injured at a point in Iowa when being carried over defendant’s road in a ca,boose attached to a freight train, in which one or more cars of cattle, in charge of plaintiff, were being transported. Plaintiff and the cattle were being carried under a contract between the owner of the cattle and the defendant for their transportation from Rock Valley, Iowa, to the Union Stock Yards in Illinois. Said contract contains this provision: “Eight. That the company shall in no event be liable to the owner or person in charge of said stock for any injury to his person in an amount…
2Cases cited8 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Philadelphia & Southern Steamship Co. v. PennsylvaniaSupreme Court of the United States · 1887
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
- Chicago, Burlington, & Quincy Railroad v. IowaSupreme Court of the United States · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Armstrong v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1898
- Winn v. American Express Co.Supreme Court of Iowa · 1910
- McMillan v. American Express Co.Supreme Court of Iowa · 1904
- Cramer v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1911
5 more not listed; retrieve them via the Exa API.