Box v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal fiom Wapello District Court. — How. T. M. Pee, Judge. ■ Action for personal injuries. In August, 1892, the plaintiff was in tbe employ of defendant as a brakeman on one of its trains, and was injured in tbe act of coupling its cars.
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Appeal fiom Wapello District Court. — How. T. M. Pee, Judge. ■ Action for personal injuries. In August, 1892, the plaintiff was in tbe employ of defendant as a brakeman on one of its trains, and was injured in tbe act of coupling its cars. Tbe original petition was filed August 5, 1893, and the negligence of the defendant is charged in tbe following language: “That on August 8,1892, and prior thereto, plaintiff was in tbe employ of tbe defendant, acting and laboring for defendant in and about tbe operation of a certain freight train on defendant’s road, more particularly between tbe jioints…
1Opinion of the Court
. Granger, J.
*6641 *6652 *6663 *663I. The condition of the record leads us to understand that the amendment to the petition, to which the demurrer was directed, was treated as a separate count; for, after it was held bad on demurrer, the case proceeded to trial as to the original petition. It will be seen that the amendment was filed some four years after the accident occurred, and actions of this character are barred by the statute of limitations in two years. The demurrer to the amend*664ment raises the question whether it presents a new or separate cause of action, so as to come within the operation of the…
2Cases cited14 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Hutchinson v. AinsworthCalifornia Supreme Court · 1887
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
- Bucklin v. FordNew York Supreme Court · 1849
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1888
9 more not listed; retrieve them via the Exa API.
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- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Swaim v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- United States v. Standard Oil Co. of CaliforniaDistrict Court, S.D. California · 1937
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