Hunt v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from Clinton District Court. On tbe 4th of March, 1867, plaintiff was in defendant s employ as a brakeman. He was on the train (freight) going east in discharge of his duties, and upon descending from one of the cars, while the train was switching and in motion, was struck by the bars of a cattle chute, which had been left projecting, knocked from the car, and thrown under the train, which passed over and crushed both his. arms.
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Appeal from Clinton District Court. On tbe 4th of March, 1867, plaintiff was in defendant s employ as a brakeman. He was on the train (freight) going east in discharge of his duties, and upon descending from one of the cars, while the train was switching and in motion, was struck by the bars of a cattle chute, which had been left projecting, knocked from the car, and thrown under the train, which passed over and crushed both his. arms. One of them was afterward amputated, and the other rendered useless. He seeks in this action to recover $15,000 damages for these injuries, occasioned, as he…
1Opinion of the CourtWright, J.
1. Instructions: error without prejudice. — I. It is claimed that this language, to wit', “ if the injury was caused by the carelessness or negligence of the defendant, then plaintiff is entifled. your verdict,” found in the third instruction, is erroneous, for that it ignores entirely the question of the contributing carelessness of the plaintiff, or the want of proper care and watchfulness on his part to avoid the injury.
It is conceded that it was plaintiff’s duty to satisfy the jury that the injury was occasioned without fault on his part, and through the neglect or want of proper or…
2Cases cited5 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Bailey v. StewartNew York Surrogate's Court · 1876
- De Moss v. HaycockSupreme Court of Iowa · 1863
- Dyer v. Executors of JessupSupreme Court of Iowa · 1860
3Cited by17 opinions
- Coleman v. AllenSupreme Court of Georgia · 1888
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Solomon Railroad v. JonesSupreme Court of Kansas · 1883
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1884
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