Wabash R. v. Kithcart
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa.
1Opinion of the Court
HOOK, Circuit Judge.
Kithcart recovered a judgment against the railroad company for personal injuries sustained in the state of Iowa while in its service and in the performance of his duties as a brakeman. The averments of negligence in his petition are contained in the following paragraphs:. “That in complying with the said orders of his said superior officer, he was compelled, by reason of a defective coupling rod, to step between the ears 'in order to uncouple the same, and while between the said cars, in the act of ‘uncoupling the same, his foot was caught and held fast in an open or…
2Cases cited7 opinions
- Southern Pacific Co. v. SeleySupreme Court of the United States · 1894
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Morris v. Duluth, S. S. & A. Ry. Co.Court of Appeals for the Eighth Circuit · 1901
- Union Pac. Ry. Co. v. JamesCourt of Appeals for the Eighth Circuit · 1893
- Kilpatrick v. Choctaw, O. & G. R.Court of Appeals for the Eighth Circuit · 1903
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3Cited by3 opinions
- Donegan v. Baltimore & N. Y. Ry. Co.Court of Appeals for the Second Circuit · 1908
- McClellan v. Pennsylvania R.Court of Appeals for the Second Circuit · 1932
- Shane v. LowdenMissouri Court of Appeals · 1937