Potter v. C., R. I. &. P. R.
Supreme Court of Iowa
Appeal from Dallas Circuit Court. Action to recover for personal injuries sustained by plaintiff, a laborer in the machine shops of defendant, by being knocked down and greatly injured by a locomotive driving-wheel which plaintiff and other employes were moving by hand.
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Appeal from Dallas Circuit Court. Action to recover for personal injuries sustained by plaintiff, a laborer in the machine shops of defendant, by being knocked down and greatly injured by a locomotive driving-wheel which plaintiff and other employes were moving by hand. The petition stated that the accident happened through no fault or negligence of the plaintiff, but that the same was caused through the fault and negligence of the defendant, in failing and neglecting to use ordinary care and diligence in providing for the machine shop proper and suitable machinery, and in failing to use such…
1Opinion of the CourtSeevers, J.
l. b'aimioads: co-empioyes. I. At a former term an opinion was announced affirming the judgment of the Circuit Court. A rehearing was granted on the application of the defendant. The doubt as to the correctness of the former opinion arises under the fourth defense set up in the answer. To that, therefore, our attention will be directed.
The defendant claims, as the accident occurred in a machine *401shop in which there was no actual operation of a railroad, that defendant is not liable for the negligence of the co-employes of the plaintiff. In other words, it is claimed that the statute only…
2Cases cited3 opinions
- Sullivan v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1860
- De Camp v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1875
3Cited by30 opinions
- Bruggeman v. Illinois Central RailroadSupreme Court of Iowa · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. CaseIndiana Supreme Court · 1910
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Hanson v. KlineSupreme Court of Iowa · 1907
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
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