Kirby v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
'Appeal from Linn District Court. — Hon. W. N. Treichler, Judge. 'Action to recover damages for the death of plaintiff’s intestate while in the employ of the defendant as locomotive engineer, alleged to have resulted from the negligence of’ the defendant in the use of a defective locomotive. There was a verdict and judgment for defendant. Plaintiff appeals.
1Opinion of the CourtMcClain, J.
Plaintiff’s intestate was killed by an explosion of the locomotive which he was operating on defendant’s railroad, and the alleged negligence of the defendant was in continuing to use the engine in question when charged with knowledge that it was defective in construction and repair in such respects as would render it liable to explode.
1. Railroads:negligence: Sonn: !nstruc' I. The locomotive which exploded was of a type described by witnesses as the “1,400 class,” and its particular number was 1,422. The characteristics of this class of locomotives seem not to. be material to the…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Cooper v. Central RailroadSupreme Court of Iowa · 1876
- Hosic v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Austin v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lasell v. Tri-States Theatre Corp.Supreme Court of Iowa · 1943
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1915
- Casey v. HansenSupreme Court of Iowa · 1947
- Korab v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Murray v. Chicago, Rock Island, & Pacific Railway Co.Supreme Court of Iowa · 1911
1 more not listed; retrieve them via the Exa API.