Mitchell v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Ho». Elliott M. Hughes, Judge. STATEMENT OP THE CASE. The substantive allegations of the amended petition —on which the cause was tried — are that plaintiff in April,.1899, was employed by the defendant as a common laborer; that he was put to work with other employees of defendant on the reconstruction of an old and abandoned piece of railroad near Bussey in the State of Iowa; that he was inexperienced in such work; that after having…
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Appeal from Audrain Circuit Court. — Ho». Elliott M. Hughes, Judge. STATEMENT OP THE CASE. The substantive allegations of the amended petition —on which the cause was tried — are that plaintiff in April,.1899, was employed by the defendant as a common laborer; that he was put to work with other employees of defendant on the reconstruction of an old and abandoned piece of railroad near Bussey in the State of Iowa; that he was inexperienced in such work; that after having worked on the reconstruction of the road for about five days, he was directed by the section foreman, along with eight or…
1Opinion of the CourtBland, P. J.
— It is contended by appellant that its instruction in the nature of a demurrer to the evidence should have been given. The court so instructed, and it is conceded that appellant’s liability is governed by the laws of Iowa, the State where the accident occurred. Respondent pleaded specially section 2071- of' the Iowa Code. That section reads as follows: “Every corporation operating a railroad, shall be liable for all' damages sustained by any person, including employees-of such corporation in consequence of the neglect of the-agents,, or by any mismanagement of the engineers, or other…
2Cases cited16 opinions
- Cooper v. Central RailroadSupreme Court of Iowa · 1876
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Foley v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1884
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1887
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3Cited by3 opinions
- Deitring v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Knox v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1918
- Sager v. Samson Mining Co.Missouri Court of Appeals · 1914