Baldwin v. St. Louis, Keokuk & Northwestern Railway Co.
Supreme Court of Iowa
Affeal from Loo District Court. Action for a personal injury alleged to bave been sustained by tbe falling of a pile of lumber owned by the defendant and piled by it on its premises. The plaintiff was employed by tbe defendant as a carpenter in building a round house. A short distance from this bouse were two piles of lumber, which were so near each other as to be in contact. ' Tbe two piles are described by the plaintiff in bis testimony as “a small pile and a larger one.”
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Affeal from Loo District Court. Action for a personal injury alleged to bave been sustained by tbe falling of a pile of lumber owned by the defendant and piled by it on its premises. The plaintiff was employed by tbe defendant as a carpenter in building a round house. A short distance from this bouse were two piles of lumber, which were so near each other as to be in contact. ' Tbe two piles are described by the plaintiff in bis testimony as “a small pile and a larger one.” Tbe plaintiff and another carpenter, while engaged in their duties, were taking a stick of timber from the small pile,…
1Opinion of the CourtAdams, J.
I. The defendant denied all negligence upon its part, and averred that the plaintiff was guilty of negligence which caused the injury.
The alleged defect in the construction of the pile that fell consisted in using cross-strips of insufficient length. The pile consisted of three tiers of timber. Precisely how long the cross .strips were is not shown. They were long enough, as we infer, to pass through the middle tier and reach into the outside tiers, but not long enough to reach through the outside tiers. The disturbance of the small pile, by taking a stick of timber therefrom, either removed,…
2Cases cited1 opinion
- Greenleaf v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1871
3Cited by15 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Baldwin v. St. Louis, Keokuk & Northern R'y Co.Supreme Court of Iowa · 1885
- Barnes v. Town of MarcusSupreme Court of Iowa · 1896
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Reedy v. GoodinMichigan Supreme Court · 1938
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