Doggett ex rel. Doggett v. Chicago, Burlington & Quincy Railway Co.
Supreme Court of Iowa
Appeal from Jefferson District Court.— Hon. O. W. Vermillion, Judge. Action to recover damages for personal injuries alleged to have resulted to plaintiff from being ejected in a negligent manner from the caboose of a freight train of defendant, on which he was riding without defendant’s consent and as a trespasser. There was a verdict of $500 in plaintiff’s favor, and from the judgment thereon defendant appeals.—
1Opinion of the CourtMcClain, J.
The plaintiff, seventeen years of age, with a companion, boarded the way car of defendant’s freight *691train about a mile west of Fairfield, with the intention of riding into town without paying any fare. The evidence tends to show that the conductor of the train told them the train would not stop at Fairfield, and ordered them to get oft’, and, in attempting to do so while the train was in motion, plaintiff, who was somewhat incapacitated by having a crippled leg, fell, breaking his crippled leg and receiving other injuries.
1. Railroads: trespassers: required care. I. The jury was instructed,…
2Cases cited26 opinions
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Crown v. . OrrNew York Court of Appeals · 1893
- Chicago City Railway Co. v. WilcoxIllinois Supreme Court · 1891
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Masser v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
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3Cited by15 opinions
- White Ex Rel. White v. McVickerSupreme Court of Iowa · 1933
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Webster v. LuckowSupreme Court of Iowa · 1935
- McEldon ex rel. Munch v. DrewSupreme Court of Iowa · 1908
- Brekke v. RothermalSupreme Court of Iowa · 1923
10 more not listed; retrieve them via the Exa API.