Gould v. Chicago, Burlington & Quincy R'y Co.
Supreme Court of Iowa
Appeal from Des Moines Oiremi Cowt Action to recover tbe damages sustained by tbe estate of which plaintiff is the administrator, resulting from the death of an intestate, caused, as it is alleged, by tbe carelessness of defendant and its employes. At the time of intestate’s death lie was in the employment of defendant as an engineer, operating a locomotive running upon defendant’s road. The injuries resulting in his death were received while engaged in such employment.
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Appeal from Des Moines Oiremi Cowt Action to recover tbe damages sustained by tbe estate of which plaintiff is the administrator, resulting from the death of an intestate, caused, as it is alleged, by tbe carelessness of defendant and its employes. At the time of intestate’s death lie was in the employment of defendant as an engineer, operating a locomotive running upon defendant’s road. The injuries resulting in his death were received while engaged in such employment. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, Ch. J.
1. railroads: gTeer:proxinegligence. ’ I. The intestate, at the time of his death, was the engineer in charge of an engine drawing a freight train between Burlington and Ottumwa. He was instructed to make the trip without stopping at any station unless signaled or specially directed. It appears that it was the duty of the conductor or brakeman of the rear end of the train, w'hen passing stations, to make signals to the engineers. The train having reached Leffler, and the engine and many cars having passed the station-house, the intestate, after making inquiry of the firemen in…
2Cited by11 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- State v. EanSupreme Court of Iowa · 1894
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Parkhill v. Bekin's Van & Storage Co.Supreme Court of Iowa · 1915
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