Thomas v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. -D. R. Hindman, Judge. Action at law to recover damages for injuries sustained by Earl Thomas, a minor son of the plaintiff, through the alleged negligence of the defendant company. Trial to a jury. Verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
On the forenoon of May 15, 1890, Earl Thomas, a minor son of plaintiff, aged three years and ten months, was, with a little companion, playing upon an open, uncovered bridge, located upon the defendant’s main line of road, about one thousand nine hundred feet west of the station of Rhodes', and, while there at play, was run over by a train going towards the west, and his right foot and log were so maimed and crushed as to necessitate amputation. It is averred in the petition that, without fault on the part of his parents, the child went upon the track and the bridge, and was in plain sight…
2Cases cited7 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Thomas v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of Iowa · 1897
- Heller v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1920
- Brown v. Rockwell City Canning Co.Supreme Court of Iowa · 1906
18 more not listed; retrieve them via the Exa API.