Stearns v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. TREichleR, Judge. Action at law to recover damages for injuries received by plaintiff, an employee of the Chicago, Milwaukee & St. Paul Railroad Company, due to a collision between a train on its road, with one operated by defendant on its line, at a crossing of the two within the city of Cedar Rapids.
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Appeal from Linn District Court. — Hon. W. N. TREichleR, Judge. Action at law to recover damages for injuries received by plaintiff, an employee of the Chicago, Milwaukee & St. Paul Railroad Company, due to a collision between a train on its road, with one operated by defendant on its line, at a crossing of the two within the city of Cedar Rapids. The case was tried to a jury, and at the conclusion of plaintiff’s testimony the trial court directed a verdict for the defendant, based largely upon the thought that plaintiff was guilty of contributory negligence as a matter of law. Plaintiff…
1Opinion of the CourtDeemer, J.
The Chicago, Milwaukee & St. Paul Railway Company (which we shall hereafter call the Milwaukee Company) and the defendant, the Chicago, Rock Island & Pacific Railway Company (which we shall call the Rock Island), have main lines of track running to and through the city of Cedar Rapids, Iowa. They cross each other at or near the junction of Third street and Ninth avenue in that city, as shown by a plat introduced by plaintiff, which we here attach.
Plaintiff was employed by the Milwaukee Company as a switchman in its yards at Cedar Rapids, and on the day of the accident, which was on June 17,…
2Cases cited29 opinions
- Southern Railway Co. v. United StatesSupreme Court of the United States · 1911
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Turner v. HitchcockSupreme Court of Iowa · 1866
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
24 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harlow v. LeclairSupreme Court of New Hampshire · 1927
- Kanopka v. KanopkaSupreme Court of Connecticut · 1931
- Miller v. StevensSouth Dakota Supreme Court · 1934
- Alamo v. Del RosarioCourt of Appeals for the D.C. Circuit · 1938
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
17 more not listed; retrieve them via the Exa API.