Gorman v. Minneapolis & St. Louis Railway Co.
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. George H. Carr, Judge. The petition, after showing plaintiff ’ s appointment as administrator of Thomas Gorman, deceased, and that defendant is operating a railway, charges that the deceased came to his death when in the employment of defendant as a brakeman on one of its freight trains, while engaged in uncoupling, by being run over by the train, without fault or negligence upon his part contributing thereto, and because of the…
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Appeal from Kossuth District Court. — Hon. George H. Carr, Judge. The petition, after showing plaintiff ’ s appointment as administrator of Thomas Gorman, deceased, and that defendant is operating a railway, charges that the deceased came to his death when in the employment of defendant as a brakeman on one of its freight trains, while engaged in uncoupling, by being run over by the train, without fault or negligence upon his part contributing thereto, and because of the negligence of the defendant. The negligence charged against the defendant is as follows : First. That defendant was…
1Opinion of the CourtGiven, C. J.
1. Railroads: injury to brakeman: ruiesoPoompany. I. We first notice the questions made in the record upon admitting and rejecting testimony. The witness Corcoran was asked: ‘ ‘Do you know, from your experience 011 this road, and other roads, what the general custom is as to the duties of the brakeman in obeying the orders of his conductor?” The defendant objected, because the rules defining the duties of the brakeman were in print, which objection was overruled and witness permitted to answer. It did appear by previous inquiries that brakemen were furnished with time-cards, on which rules…
2Cited by14 opinions
- Knowlton v. Des Moines Edison Light Co.Supreme Court of Iowa · 1902
- Bixby v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1898
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- In Re Estate of DolmageSupreme Court of Iowa · 1927
- Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
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