Young v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. This is an action for damages which plaintiff claimed to have sustained because of injuries received while attempting to board a moving train of the defendant, company at Kirkland, 111. Plaintiff was a resident of Yale, Iowa, and was shipping four cars of live stock from his home to Chicago, 111. He was accompanying said stock, and was riding on a shipper’s pass.
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Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. This is an action for damages which plaintiff claimed to have sustained because of injuries received while attempting to board a moving train of the defendant, company at Kirkland, 111. Plaintiff was a resident of Yale, Iowa, and was shipping four cars of live stock from his home to Chicago, 111. He was accompanying said stock, and was riding on a shipper’s pass. As the train slowed up at Kirkland, plaintiff claims the conductor advised' him that they would have fifteen minutes at Kirkland for lunch, and also stated that…
1Opinion of the CourtKinne, J.
1 *360£ 3 *359I. Our conclusion in this case requires the consideration of but one question, which we deem decisive of plaintiff’s rights. The defendant pleaded a statute of the state of Illinois, which provides: “No person or minor shall climb, jump, step, stand upon, cling to or in any way attach himself to any locomotive engine or car, either stationary or in motion, upon any part of the track of any railroad, unless in so doing he shall be acting in compliance with law, or by permission, under the lawful rules and regulations of the corporations then owning and managing such railroads.” Hurd’s…
2Cases cited8 opinions
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Galloway v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Gross v. MillerSupreme Court of Iowa · 1894
- Raben v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Napier v. PattersonSupreme Court of Iowa · 1923
- Street v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1914
- Melkusch v. Victor American Fuel Co.New Mexico Supreme Court · 1916
- Kallio v. Northwestern Improvement Co.Montana Supreme Court · 1913
- Oklahoma Coal Co. v. CorriganSupreme Court of Oklahoma · 1917
3 more not listed; retrieve them via the Exa API.