Legal Opinion

Carey v. Davis

Supreme Court of Iowa

Decided January 12, 1921PublishedCited by 22 opinions

Appeal from Polk District Court. — Hubert Utterback, Judge. Action at law, to recover damages. Demurrer to petition having been sustained, the plaintiff elected to stand on his pleading without amendment, and judgment was entered thereon in defendants’ favor for costs. Plaintiff appeals. —

1Per curiam

i and servant: duty injured servant.

— Reduced to brief terms, the petition alleges that plaintiff was in the employment of defendants as a farm laborer, and that, while so at work for and under the direction °i defendants, on April 20, 1916, in the excavation of a gravel pit, he became overheated, an(j fell jn a faint or fit of unconsciousness, and, having partially recovered therefrom and resuming work, he again suffered an attack of that nature, and while he was in that condition, the defendants caused him to be removed, and laid in a wagon box at or near the place where he had been at…

2Cases cited5 opinions

  1. Depue v. FlatauSupreme Court of Minnesota · 1907
  2. Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
  3. Marquette & Ontonagon Railroad v. TaftMichigan Supreme Court · 1873
  4. Cin., N. O. & T. P. Ry. Co. v. Marrs' Admx.Court of Appeals of Kentucky · 1905
  5. Adams v. Chicago Great Western RailroadSupreme Court of Iowa · 1912

3Cited by22 opinions

  1. Gary C. Lancaster v. Norfolk and Western Railway CompanyCourt of Appeals for the Seventh Circuit · 1985
  2. Farwell v. KeatonMichigan Supreme Court · 1976
  3. Parrish v. . R. R.Supreme Court of North Carolina · 1942
  4. Szabo v. Pennsylvania Railroad Co.Supreme Court of New Jersey · 1945
  5. Vesel v. Jardine Mining Co.Montana Supreme Court · 1940

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