Legal Opinion

McDonald v. Chicago & N. W. R. R.

Supreme Court of Iowa

Decided December 10, 1868PublishedCited by 64 opinions

Appeal from JLinn District Court. Liability oe railway company for safe condition OF PLATFORM AT STATIONS, ETC.-This action IS brought to recover damages for an injury received by Mrs. McDonald, at Cedar Rapids, on the evening of January 3, 1867. The petition avers that the defendants are common carriers of passengers; that, on the 3d day of January, 1867,.at defendant’s station, in Cedar Rapids, Mrs. McD.

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Appeal from JLinn District Court. Liability oe railway company for safe condition OF PLATFORM AT STATIONS, ETC.-This action IS brought to recover damages for an injury received by Mrs. McDonald, at Cedar Rapids, on the evening of January 3, 1867. The petition avers that the defendants are common carriers of passengers; that, on the 3d day of January, 1867,.at defendant’s station, in Cedar Rapids, Mrs. McD. (plaintiff) purchased a ticket entitling her to be carried from Cedar Rapids, Iowa, to Fulton, 111., and, that, “ thereupon it became and was the duty of the defendant to use due and proper…

1Opinion of the Court

Dillon,- Ch. J.

1.Amendment: increase of damages. — Appellant’s various grounds for a reversal of the judgment, we notice in the order in which ^ey are presented by counsel. 1.There was no error in allowing the plaintiffs to amend the petition so as to increase the amount claimed as damages.

2. Railroad: duty to provide station accommodations. 2.There was no error in the action of the court in allowing witnesses to testify as to the condition of the passenger room with respect to tobacco smoke. ' , _ x I he evidence was proper as part of the trans- . n ... . . . action out of which the injury…

2Cases cited2 opinions

  1. Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
  2. Sawyer v. Rutland & Burlington RailroadSupreme Court of Vermont · 1855

3Cited by64 opinions

  1. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  2. Acuff v. SchmitSupreme Court of Iowa · 1956
  3. Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
  4. Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
  5. Louisville, New Albany & Chicago Railway Co. v. LucasIndiana Supreme Court · 1889

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