Kline v. K. C., St. J. & C. B. R.
Supreme Court of Iowa
Appeal from Pottawattamie District Gom't. The plaintiff was in the employment of defendant as yardmaster at Council Bluffs. Part of the duty devolving upon him by reason of such employment consisted in the making up of freight and passenger trains, and in the coupling of cars in making up said trains. On the 29th day of March, 1877, he was injured, as he alleges, by reason of the negligence of the defendant and its employes, without any contributory negligence on his part.
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Appeal from Pottawattamie District Gom't. The plaintiff was in the employment of defendant as yardmaster at Council Bluffs. Part of the duty devolving upon him by reason of such employment consisted in the making up of freight and passenger trains, and in the coupling of cars in making up said trains. On the 29th day of March, 1877, he was injured, as he alleges, by reason of the negligence of the defendant and its employes, without any contributory negligence on his part. The injury consisted in the plaintiff’s left hand being crushed between the draw-heads of the cars he was attempting to…
1Opinion of the CourtRothrock, J.
1. ^PRACTICE : ror^motion" oiflcmstate-e' ment' The defendant, before answering, filed a motion asking that the plaintiff be required to make the petition more specific by stating from what railroad, x J ° T aix(^ when, the car which is alleged to have caused the injury to the plaintiff was received, and to state in what way the drawhead of said ear was out of repair. The court overruled the motion. We need not determine whether there was error in overruling this motion. The defendant waived the error, if any there was, by answering over. Coakley v. McCarty, 34 Iowa, 105, and cases cited..2.…
2Cases cited2 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Coakley v. McCartySupreme Court of Iowa · 1871
3Cited by16 opinions
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Randolf v. Town of BloomfieldSupreme Court of Iowa · 1889
- Heiman v. FelderSupreme Court of Iowa · 1916
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
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