Johnson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Gourt. — Hon. William Hutchinson, Judge. Action for damages for personal injuries alleged to-have been sustained by plaintiff in being wrongfully ejected or thrown from a moving train. • At the close of the plaintiff’s evidence the court sustained defendant’s motion for a directed verdict in its favor. Verdict and judgment accordingly, and plaintiff appeals. —
1Opinion of the Court
Weaver, J. —
1 The evidence upon part of plaintiff' tended to show the following facts: On the twenty-sixth day of October, 1898, plaintiff boarded one of defendant’s freight trains at Dakota City, Neb., bound for Sioux City, Iowa. ITe was not provided with a ticket, and rode from Dakota City to South Sioux City clinging to the ladder upon the side of one of the cars. Arriving at South Sioux City, a brakeman discovered him, and ordered him off. This order plaintiff obeyed, but when the train was pulling-out he again mounted one of the ladders, but upon approach of the brakeman he jumped to the…
2Cases cited10 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Benton v. C. R. I. & P. R.Supreme Court of Iowa · 1881
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Golden v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Newkirk v. Oregon-Washington Railroad & Navigation Co.Oregon Supreme Court · 1929
- Kobbe v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1927
2 more not listed; retrieve them via the Exa API.