Aga v. Harbach
Supreme Court of Iowa
Appeal from Polls District Court. — How. A. H. McVey, Judge. Action to recover damages for personal injuries to the plaintiff, by whom the original action was brought, and for whom on his death his administratrix has been substituted; such injuries being alleged to have been occasioned by the negligence of the defendant, in whose employ he was at the time of receiving such injuries.
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Appeal from Polls District Court. — How. A. H. McVey, Judge. Action to recover damages for personal injuries to the plaintiff, by whom the original action was brought, and for whom on his death his administratrix has been substituted; such injuries being alleged to have been occasioned by the negligence of the defendant, in whose employ he was at the time of receiving such injuries. There was a verdict for plaintiff, and, from the judgment rendered thereon, defendant appeals. —
1Opinion of the CourtMcClain, J.
— The facts as to the employment of the plaintiff by the defendant are quite fully stated in the opinion of this court on a former appeal in which a judgment on a directed verdict for defendant was reversed. See 127 Iowa, 144. The numerous questions presented for determination on this appeal by defendant from judgment on a verdict against him may be conveniently disposed of by considering the case with reference to the following questions: .Was plaintiff an employee of the defendant in such sense that defendant owed him the duty of furnishing a safe place to work, and warning him of dangers…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Wagner v. PortlandOregon Supreme Court · 1902
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
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3Cited by13 opinions
- Hull v. Bishop-Stoddard CafeteriaSupreme Court of Iowa · 1947
- Johnson Ex Rel. Johnson v. McVickerSupreme Court of Iowa · 1933
- Larson v. Independent School District No. 11JIdaho Supreme Court · 1933
- Colonna Shipyard v. DunnSupreme Court of Virginia · 1928
- Johrden v. PondSupreme Court of Minnesota · 1914
8 more not listed; retrieve them via the Exa API.