Beems v. Chicago Rock Island & Pacific R'y Co.
Supreme Court of Iowa
Appeal from Gass Circuit Court. This is an action at law, in wliicb the plaintiff, as administrator of the estate of Joseph .Beems, deceased, seeks to recover damages of the defendant upon the alleged ground that the deceased, who was a brakeman in the employment of the defendant, came to his death by reason of the negligence of certain employes of the defendant in the management of an engine, while deceased was attempting to uncouple a car from the tank or tender of the…
Read the full summary
Appeal from Gass Circuit Court. This is an action at law, in wliicb the plaintiff, as administrator of the estate of Joseph .Beems, deceased, seeks to recover damages of the defendant upon the alleged ground that the deceased, who was a brakeman in the employment of the defendant, came to his death by reason of the negligence of certain employes of the defendant in the management of an engine, while deceased was attempting to uncouple a car from the tank or tender of the engine. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff for $2,500. Defendant appeals.
1Opinion of the CourtRotiirook, J.
I. It is conceded that plaintiff’s intestate was killed at Neola, on the defendant’s railroad, by being run over by the wheels of the tender or tank to an engine, while attempting to uncouple a car next to the engine. He had been in the service of the defendant as brakeman on a freight train for six weeks, previous to which employment he had been for several months acting as a switchman in the yards of the defendant at Atlantic. The train on which deceased was employed arrived at Neola about five o’clock p. m. Some switching of cars was to be done, which was participated in by the deceased,…
2Cases cited1 opinion
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
3Cited by17 opinions
- Brown v. GuiterSupreme Court of Iowa · 1964
- Morbey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Willis v. SchertzSupreme Court of Iowa · 1919
12 more not listed; retrieve them via the Exa API.