Legal Opinion

Post v. Chicago & Northwestern Railway Co.

Supreme Court of Iowa

Decided April 11, 1913Published

Appeal from Siou!x District Court. — Hon. David Mould, Judge. This is an action for personal injuries alleged to have been sustained by the plaintiff while unloading a car of coal on the defendant’s track at Orange City, November 9, 1909; negligence of the defendant being alleged as the cause thereof. There was a verdict and judgment for the plaintiff, and the defendant appeals.

1Opinion of the CourtEvans, J.

On November 9, 1909, the plaintiff was engaged in unloading a ear of coal for the consignee thereof upon the track of the defendant at Orange City. He was engaged in delivering the coal by shoveling from the car into a coal-house located about six feet from the railroad track. A gangway extended across from the car door to the side of the coal-house. One end rested on the iron track beneath the door of the car, and the other rested on the supports attached to the coalhouse. The coal was of a character to handle readily with a shovel, and plaintiff, in unloading same, commenced at the middle…

2Cases cited3 opinions

  1. Reilly v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1904
  2. Atchison, Topeka & Santa Fe Railway Co. v. JudahSupreme Court of Kansas · 1902
  3. McGill Bros. v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901

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