Carlin v. Chicago, R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Clmton Circuit Cowrt. Tuesday, October 21. Action for damages on account of injuries received by plaintiff by being run over by an engine on tbe defendant’s railroad in consequence of the negligence of its employees. The answer denies the material allegations of the petition and avers that the injuries sustained by the plaintiff were the result of his own negligence. Yerdict and judgment for plaintiff. Defendant appeals.
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Appeal from Clmton Circuit Cowrt. Tuesday, October 21. Action for damages on account of injuries received by plaintiff by being run over by an engine on tbe defendant’s railroad in consequence of the negligence of its employees. The answer denies the material allegations of the petition and avers that the injuries sustained by the plaintiff were the result of his own negligence. Yerdict and judgment for plaintiff. Defendant appeals. For the further facts of the case see opinion.
1Opinion of the CourtMiller, J.
— I. This cause was before this court and reversed on plaintiffs appeal at the June term, 1871. See 31 Iowa, 370. The only question then before us was whether, where an erroneous instruction, requested by the successful party, having been, by místate, handed to the jury, and taken by them to their room, and there being no showing but that it was read and considered by the jury, this court will presume that no prejudice resulted therefrom to the unsuccessful party % It was held that such presumption would not be indulged, and the judgment was reversed and the cause remanded.
The cause was again…
2Cases cited9 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- O'Keefe v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1871
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3Cited by13 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Banning v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Moore v. HoweSupreme Court of Iowa · 1901
- Laverenz v. C., R. I. & P. R.Supreme Court of Iowa · 1881
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