Taylor v. Star Coal Co.
Supreme Court of Iowa
.Appeal from Appanoose District Court. — Frank W. Eioiielberg-er, Judge. Action at law to recover damages for injuries sustained Fy Phillip Swab, due to the fall of a part of a roof in defendant’s coal mine. After the case was tried in the court below, 'Swab died, and his administrator has been substituted as plaintiff.
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.Appeal from Appanoose District Court. — Frank W. Eioiielberg-er, Judge. Action at law to recover damages for injuries sustained Fy Phillip Swab, due to the fall of a part of a roof in defendant’s coal mine. After the case was tried in the court below, 'Swab died, and his administrator has been substituted as plaintiff. Defendant filed a general denial, and also pleaded ■that the injury occurred in a double room or long wall, and not in an entry which it was defendant’s duty to maintain. 'Some other issues were tendered, which will be referred to dm the body od9 the opinion. The case was…
1Opinion of the CourtDeemer, J.
1 After the evidence was fully adduced, but before argument to the jury, plaintiff was permitted 'to amend his petition, charging that he made complaint of the •condition of the roof to the defendant’s superintendent, and .asked that the same be taken down, and that the superintendent then and there promised to make the necessary repairs, and directed plaintiff to continue in his work. He also pleaded some other facts tending to show his freedom from contributory negligence. Defendant moved to strike the amendment because filed out. of time, and because it ■tendered .a new issue. This motion…
2Cases cited10 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Bever v. SpanglerSupreme Court of Iowa · 1895
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Coates v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1883
- Couch v. Watson Coal Co.Supreme Court of Iowa · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hughes v. Atlanta Steel Co.Supreme Court of Georgia · 1911
- State v. CarrollWyoming Supreme Court · 1937
- Huggard v. Glucose Sugar Refining Co.Supreme Court of Iowa · 1906
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
- Livingstone v. City of New HavenSupreme Court of Connecticut · 1939
29 more not listed; retrieve them via the Exa API.