Allender v. C. R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Jeff&t'son Ci/reuit Court. Tuesday, October 21. Action to recover damages for injuries received by cars on defendant’s road.
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Appeal from Jeff&t'son Ci/reuit Court. Tuesday, October 21. Action to recover damages for injuries received by cars on defendant’s road. On tbe 5th day of November, 1870, tbe defendant operated a railroad in Jefferson county, and bad a depot at Fairfield, wbicb was tben tbe terminal station of tbe road. , About balfpast four o’clock in tbe afternoon of that day plaintiff, a resident of Jefferson county, eighteen years of age, and who had never ridden on the cars, applied at the depot of defendant, in Fairfield, for passage to Acheson, the next station on the road. She was informed by the…
1Opinion of the CourtDay, J.
1. Negligence. I. The first point urged by appellant is that there is no evidence of negligence on the part of defendant. This branch of the case is discussed as though the . , , . , . . ,. ™ , only acts upon which plaintiff can ground her right of recovery are those connected with the backing and coupling of the four freight cars, or the positive direction of the agent to plaintiff to go through the opening, in the cars; and it is urged that the backing and coupling were conducted with skill and care, and that the agent did not direct plaintiff to go through the opening between the cars, as…
2Cases cited2 opinions
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Dodge v. Burlington, C. R. & M. R. R.Supreme Court of Iowa · 1872
3Cited by32 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Montanick Ex Rel. Montanick v. McMillinSupreme Court of Iowa · 1938
- Pacific Coast Casualty Co. v. PillsburyCalifornia Supreme Court · 1915
- Terre Haute & Indianapolis Railroad v. SheeksIndiana Supreme Court · 1900
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
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