Simonson v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Shelby Circuit Court. Action to recover for personal injuries received by the plaintiff’s intestate, Larz Nelson, while employed by the defendant in loading one of its ears. The action was brought by Nelson in his life-time. After one or more trials of the action he died, and his mother, Mary Simonson, is substituted as administratrix.
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Appeal from Shelby Circuit Court. Action to recover for personal injuries received by the plaintiff’s intestate, Larz Nelson, while employed by the defendant in loading one of its ears. The action was brought by Nelson in his life-time. After one or more trials of the action he died, and his mother, Mary Simonson, is substituted as administratrix. She files a substituted petition in which she avers, among other things, that the death of the intestate was caused by the injuries, and that the injuries were caused by the negligence of the defendant, and that her intestate did not contribute…
1Opinion of the CourtAdams, J.
1. evidence : statement of opinion. I. The plaintiff read in evidence the deposition of one Mason, to whom a question was asked in these words: “What was the plaintiff Nelson doing- at and immediately before the injury mentioned in your last answer?” The witness answered as follows: “Just before he was injured he was gathering up spikes and placing them on the car. I think he was trying to get off the car at the time he was injured. ” Before the last sentence was read the defendant objected to it as incompetent. The court *89‘Overruled the objection, and the defendant excepted. It is contended…
2Cited by12 opinions
- Withey v. Fowler Co.Supreme Court of Iowa · 1914
- Wheelan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Beems v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
- Nicoll v. SweetSupreme Court of Iowa · 1913
- Hammer v. JanowitzSupreme Court of Iowa · 1906
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