Porter v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Jasper Circuit Court. This action is brought to recover of the defendant for an alleged arrest and assault of plaintiff by the employes of the defendant. Answer in general denial, and also as follows: “3d count.
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Appeal from Jasper Circuit Court. This action is brought to recover of the defendant for an alleged arrest and assault of plaintiff by the employes of the defendant. Answer in general denial, and also as follows: “3d count. The defendant alleges that on the 17th of November, A. D., 1873, as its passenger train was moving westward towards-its depot station at Colfax in Jasper county, Iowa, and carrying the United States mail, and at a point some two miles east of said station, the engineer in charge of and running the engine drawing the train discovered an obstruction placed upon the railroad…
1Opinion of the Court
Cole, J. —
The evidence introduced on the tidal by the *361plaintiffs and defendants tended to establish, the facts substantially as set out in the third count of the answer, which is contained in the statement of the case preceding this opinion. After the evidence was closed the defendant asked the court to instruct the jury as follows:
“ Instruction 12. If you find from the evidence that certain persons were employed to run and operate a train upon the railroad/ of defendant, that these persons, while so employed, and while engaged in running a train, committed an assault and battery upon the…
2Cases cited5 opinions
- Moore v. SanborneMichigan Supreme Court · 1853
- Thames Steamboat Co. v. Housatonic RailroadSupreme Court of Connecticut · 1855
- De Camp v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- Cooke v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Rich v. JakwayNew York Supreme Court · 1854
3Cited by9 opinions
- Brown v. Boston Ice Co.Massachusetts Supreme Judicial Court · 1901
- Dolan v. HubingerSupreme Court of Iowa · 1899
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- Everingham v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1910
- Witham v. Gregory & Read Co.Massachusetts Supreme Judicial Court · 1923
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