Gannon v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Scott District Court. — IIon. A: J. House, Judge. Plaintiee, as administrator of tlie estate of one Kiley, instituted tbis action to recover damages to decedent’s estate resulting from the death of decedent from injuries received through the negligence of defendant’s em: ployees while deceased was a passenger attempting to get on board the train of defendant on which he was entitled to transportation.
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Appeal from Scott District Court. — IIon. A: J. House, Judge. Plaintiee, as administrator of tlie estate of one Kiley, instituted tbis action to recover damages to decedent’s estate resulting from the death of decedent from injuries received through the negligence of defendant’s em: ployees while deceased was a passenger attempting to get on board the train of defendant on which he was entitled to transportation. At the conclusion of the evidence, the court sustained a motion to direct a verdict for the defendant, and judgment for the defendant was- entered accordingly. Prom the ruling on the…
1Opinion of the Court
McClain, J. —
There is evidence in the record from which the jurors might have found, if the case had been left ■ to their determination, that decedent and his wife, being passengers on a train of defendant, and riding in a Pullman car, dismounted from the train at Davenport for the purpose of resting themselves by walking on the platform during such time as the train might be stopped there, having the assurance of the Pullman conductor that there would be a stop of at least ten minutes; that, at the expiration of five minutes, the train was started without such signal or warning as to enable…
2Cases cited13 opinions
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Chicago, Rock Island & Pacific Railway Co. v. HamlerIllinois Supreme Court · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Murray v. Cedar Rapids City Lines, Inc.Supreme Court of Iowa · 1951
- Chicago, M. & St. P. Ry. Co. v. HarrelsonCourt of Appeals for the Eighth Circuit · 1926
- Louisville & N. R. v. MarlinTennessee Supreme Court · 1915
- Palmer v. Willamette Val. S. Ry. Co.Oregon Supreme Court · 1918
- Christensen v. National Travelers Benefit Ass'nSupreme Court of Iowa · 1923
2 more not listed; retrieve them via the Exa API.