Collins v. Burlington, Cedar Rapids & Northern Railway Co.
Supreme Court of Iowa
Appeal from Fmmet District Gowrt. — Hon. George H; Carr, Judge. Action to recover for personal injuries. The case was tried to a jury, and at the conclusion of the testimony for the plaintiff defendant moved for a verdict on the following grounds: First.
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Appeal from Fmmet District Gowrt. — Hon. George H; Carr, Judge. Action to recover for personal injuries. The case was tried to a jury, and at the conclusion of the testimony for the plaintiff defendant moved for a verdict on the following grounds: First. For that by plaintiff’s own showing he is guilty of such contributory negligence as to preclude Ms- right of recovery in walking on the track, and not observing the approach.of the car that struck him, and he has not shown any negligence against the company. Second. The evidence shows that the duties of the plaintiff did not require him to…
1Opinion of the CourtGiven, J.
1. Railroads: custom: personal injury: contributory negligence. I. Following the order of the motion, we first inquire whether the plaintiff was guilty of such contributory negligence as to preclude him from recovering. The rule is undisputed that, if he was guilty of negligence directly contributing to cause the injuries complained of, he cannot recover, even though the defendant was negligent as charged. In pursuing this inquiry, we must not confound the testimony tending to show negligence on the part of the defendant with that relating to negligence or care on the part of the plaintiff.…
2Cases cited3 opinions
- Baldwin v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Iowa · 1884
- Milne v. WalkerSupreme Court of Iowa · 1882
- Magee v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
3Cited by6 opinions
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Neary v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
- Tobey v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1895
- Barnhart v. Chicago, Milwaukue & St. Paul Railway Co.Supreme Court of Iowa · 1896
- Zirkle v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1903
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