Donald v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Union District Court. — -Hon. W. H. Ted-eord, Judge. Albert A. Maiken was a son of the plaintiff:, in the employ of the defendant company for some time prior and up to September 20,1891, when he was killed while engaged as brakeman on á freight train.
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Appeal from Union District Court. — -Hon. W. H. Ted-eord, Judge. Albert A. Maiken was a son of the plaintiff:, in the employ of the defendant company for some time prior and up to September 20,1891, when he was killed while engaged as brakeman on á freight train. This action is to recover damages sustained by the plaintiff in the loss of the services of her son, whom she alleges to have been, at his death, some sixteen months less than twenty-one years of age, and also to recover expenses incurred by her in his burial. In the third count of the petition, plaintiff claimed eighty-eight dollars…
1Opinion of the CourtGranger, J.
I. We will first notice defendant’s appeal, in which it is contended that the verdict is without support in the evidence. Maiken was killed near Lucas, in Lucas county. The negligence charged *286against the defendant is in the construction or maintenance of an overhead highway bridge. Near where the body of Maiken was found is such a bridge, and the claim is that it is. so low that Maiken, when on the top of the freight train, was struck by the bridge as the train passed under it, and killed. It seems to us that such a conclusion is. not to be legitimately drawn from 1 the evidence. Sonne facts…
2Cases cited5 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- Johnson v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Northwestern Masonic Aid Ass'n v. JonesSupreme Court of Pennsylvania · 1893
- Graft v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1887
3Cited by25 opinions
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
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