Nelson v. C., R. I. & P. R. R.
Supreme Court of Iowa
Appeal from Cass Circuit Court. In May 1872, the plaintiff, Larz Nelson, then about eighteen years old, was in the employment of the defendant, and was engaged in taking up the track and platform, at the depot near the Missouri river, and loading the ties, rails, spikes, etc., on flat cars, and in bringing water for others engaged with him in the work.
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Appeal from Cass Circuit Court. In May 1872, the plaintiff, Larz Nelson, then about eighteen years old, was in the employment of the defendant, and was engaged in taking up the track and platform, at the depot near the Missouri river, and loading the ties, rails, spikes, etc., on flat cars, and in bringing water for others engaged with him in the work. The plaintiff claims that he, while in the discharge of his duty, went upon the flat car with some spikes, and as he laid them down and turned to leave the car, the train was suddenly started without signal, and negligently, whereby he was…
1Opinion of the CourtCole, J.
— I. The first point made by the appellant’s counsel and extensively discussed by counsel on both sides, is, that the verdict is not supported by .the evidence. As the judgment must be reversed for another, cause, and the evidence may be different upon another trial, it is highly proper that we withhold any expression of views upon this point, lest the future trial might be prejudiced by our views upon this evidence. The same remarks apply with equal force to the point that the verdict and judgment are excessive.
i. evidence: out ofcourt, II. Upon the trial the plaintiff introduced and read to…
2Cases cited2 opinions
- Rusch v. City of DavenportSupreme Court of Iowa · 1858
- Baird v. MorfordSupreme Court of Iowa · 1870
3Cited by8 opinions
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- Fish v. Illinois Central Railway Co.Supreme Court of Iowa · 1896
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
- State v. FalconerSupreme Court of Iowa · 1886
- Clark v. ReinigerSupreme Court of Iowa · 1885
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