Legal Opinion

Kitteringham v. Sioux City & Pacific Railway Co.

Supreme Court of Iowa

Decided December 8, 1883PublishedCited by 10 opinions

Appeal from Woodlwy District Court. The plaintiff alleges, in bis petition, in substance, that be was in tbe employment of defendant, performing tbe duties of a helper in its machine shops, and that he was instructed by the defendant’s master mechanic to remove the old brasses belonging to the boxing of certain car wheels and axles, which were covered over with poisoned grease, and that plaintiff was dangerously poisoned by the handling of such brasses, necessitating the…

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Appeal from Woodlwy District Court. The plaintiff alleges, in bis petition, in substance, that be was in tbe employment of defendant, performing tbe duties of a helper in its machine shops, and that he was instructed by the defendant’s master mechanic to remove the old brasses belonging to the boxing of certain car wheels and axles, which were covered over with poisoned grease, and that plaintiff was dangerously poisoned by the handling of such brasses, necessitating the amputation of the middle finger of his left hand, and resulting in the loss of the use of his left arm and hand. The…

1Opinion of the Court

Day, Ch. J.

I. The plaintiff introduced as a witness one John McKenzie, who testified that he repairs cars for á living, and had about seven years experience in 1. EXPERT testimony: róent ot neg-ligenee by. . , , greasing cars, but quit it about seven years ago, and that he is not now employed by the company, ^ J 1 ° and has not been for some time, and that he knows about the substance formed on the boxing of car wheels, but does not know of any poisonous substance that is ever formed on the brasses of the boxes of the car wheels. The witness was then asked this question: “When ought they to…

2Cases cited2 opinions

  1. Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
  2. Way v. Illinois Central RailroadSupreme Court of Iowa · 1875

3Cited by10 opinions

  1. Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
  2. Johnson Ex Rel. Johnson v. McVickerSupreme Court of Iowa · 1933
  3. Sever v. Minneapolis & St. Louis Ry. Co.Supreme Court of Iowa · 1912
  4. Van Camp v. City of KeokukSupreme Court of Iowa · 1906
  5. Oscar Ruff Drug Co. v. Western Iowa Co.Supreme Court of Iowa · 1921

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