Jeffrey v. K. & D. M. R.
Supreme Court of Iowa
Appeal from, Lee Cvrcuit Court. This is an action at law to recover damages which it is alleged the plaintiff sustained while in the employment oí the defendant by being run over by a car through the negligence of certain co-employes.
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Appeal from, Lee Cvrcuit Court. This is an action at law to recover damages which it is alleged the plaintiff sustained while in the employment oí the defendant by being run over by a car through the negligence of certain co-employes. The petition and answer were in the usual form, the plaintiff claiming that he was injured by reason of negligence in the persons having charge of said train, and averring due care on his part, and the defendant denying such negligence and pleading contributory negligence upon the part of the plaintiff. There was a trial by jury which resulted in a verdict and…
1Opinion of the CourtRothrock, J.
I. The main facts attending the accident are not in dispute. They are as follows: The plaintiff en-' tered the service of the defendant on the, 10th day of July, 1876, as a shoveler on a construction train having its headquarters at Summit Station. On the 26th of August, 1876, this construction train was. being employed in hauling dirt to; certain places west of Summit Station, and as was its custom it was coming, into the station to lay up for the night., The train consisted of an engine and tender, and a way car, and some ten or twelve flat cars. There were about, forty laborers working on…
2Cases cited2 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- McNamara v. DrattSupreme Court of Iowa · 1875
3Cited by13 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Prosser v. Montana Central RailroadMontana Supreme Court · 1895
- Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
- Anderson v. Illinois Central RailroadSupreme Court of Iowa · 1899
- Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
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