Greenleaf v. Dubuque & Sioux City Railroad
Supreme Court of Iowa
Appeal from Dubuque'District Court. Action to recover damages alleged to have been sustained by the.estate of Sidney S. Mácy, in consequence of his death, occasioned, as is alleged, by the negligence and carelessness of the defendant, in whose service deceased was engaged as a brakeman. Jury trial. Yerdict for plaintiff for $5,000. Motion for new trial overruled. Defendant appeals. The necessary facts are stated in the opinion.
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Appeal from Dubuque'District Court. Action to recover damages alleged to have been sustained by the.estate of Sidney S. Mácy, in consequence of his death, occasioned, as is alleged, by the negligence and carelessness of the defendant, in whose service deceased was engaged as a brakeman. Jury trial. Yerdict for plaintiff for $5,000. Motion for new trial overruled. Defendant appeals. The necessary facts are stated in the opinion. I. The court erred in refusing to sustain defendant’s motion for a verdict, and in refusing to give to the jury the thirteenth instruction asked for by defendant. 1.…
1Opinion of the Court
Day, Ch. J.
1. Negligence: when a question for the jury. I. Upon the conclusion of the evidence, the defendant filed a motion, requesting the court to direct jury to find a verdict for the defendant, upon the ground that “ the evidence will not authorize, or warrant, the jury to find a verdict for the plaintiff.” This motion was overruled. The defendant excepted and assigns the ruling as error. The motion was properly overruled. The evidence tended to establish the following facts: Sidney S. Macy was in the employ of the defendant as brakeman. On the 8th day of January, 1866, at Ackley…
2Cases cited3 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
3Cited by24 opinions
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- St. Louis, Fort Scott & Wichita Railroad v. IrwinSupreme Court of Kansas · 1887
- Homestake Min. Co. v. FullertonCourt of Appeals for the Eighth Circuit · 1895
- Reedy v. GoodinMichigan Supreme Court · 1938
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