Farley v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Polk District Court. The plaintiff is the administrator of the estate of John Farley, deceased, his son, who, being in the employment of defendant as a section hand, was killed by care running over him while walking upon defendant’s railroad track. This action is brought to recover for. the injuries which resulted in his death. There was a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, J.;1. NEGLIgencb :railroads:run-.ning of trains. I. It is insisted by defendants counsel, 1. That •the testimony fails to show negligence on the part of defendant’s employes operating the cars which caused r “ r ° the death of the intestate: 2. That the evidence 7 gPo^-g -want of care on the part of the deceased, -■which contributed to the injury. A motion for a new trial ’’based upon these grounds was overruled.
The evidence before us establishes the following facts connected with the injury; The intestate was emjfioyed, as a •section hand, with others, in repairing the track of…
2Cases cited6 opinions
- French v. Taunton Branch RailroadMassachusetts Supreme Judicial Court · 1875
- Brown v. . N.Y.C.R.R.New York Court of Appeals · 1865
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Butler v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1871
- Murphy v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Rayburn v. Central Iowa Railway Co.Supreme Court of Iowa · 1887
- Doyle v. Southern Pac. Co.Oregon Supreme Court · 1910
- Way v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1947
- Haden v. Sioux City & Pacific RailroadSupreme Court of Iowa · 1891
1 more not listed; retrieve them via the Exa API.