Keist v. Chicago Great Western Railroad
Supreme Court of Iowa
Appeal from Blaclchawh District Gourt. — Hon. A. S. Blair, Judge. Action to recover damages resulting from the death of Edward McGrath, alleged to have been caused by negligence of the defendant without fault on the part of the deceased, while he was in the employ of the defendant as a brakeman, and in tire line of his duty.
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Appeal from Blaclchawh District Gourt. — Hon. A. S. Blair, Judge. Action to recover damages resulting from the death of Edward McGrath, alleged to have been caused by negligence of the defendant without fault on the part of the deceased, while he was in the employ of the defendant as a brakeman, and in tire line of his duty. The defendant answered, •denying negligence on its part, denying care on the part of deceased, and alleging that deceased knew of the danger, that' lie made no objections thereto, was promised no change therein, and continued in the service. After1 all the evidence was…
1Opinion of the CourtGiven, J.
I. There is no dispute, as to the material facts, and they are, in substance, as follows; The deceased,. a brakeman,' with experience of a year or more, was in the employ of the defendant as -head brakeman bn a freight train, and had been, for about one month, running on a line between Des Moines and Oelwein. On the 18th day of March, 1897, he was working on a freight train being run northeast from Des Moines to Oelwein. At Eeinbeck this train was to be run in from the southwest onto a side track south of the main line, to permit another train, due -in five minutes, to go southwest. Two- cars…
2Cases cited3 opinions
- McKee v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Raymond v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1884
- Allen v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
3Cited by14 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Van Wie v. United StatesDistrict Court, N.D. Iowa · 1948
- Ewing v. Van AlstineUtah Supreme Court · 1903
- Battis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1904
- Union Pac. R. v. ThomasCourt of Appeals for the Eighth Circuit · 1907
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