Pedelty Thresher Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. — J. J. Clark, Judge. During an attempt on part of the employees of plaintiff to unload an engine belonging to plaintiff on a car belonging to defendant," the engine fell from that car. Plaintiff has verdict and judgment for the damage resulting. Defendant appeals.
1Opinion of the CourtSalinger, J.
I. Defendant maintained a loading plat*398form. For the purpose of receiving shipments, a flat car was placed along the edge of this platform. Except for sagging alleged by plaintiff, the height of this platform was stationary. The height of the cars differed. It follows there were occasions when the top of the flat car was lower than the top’ of the loading platform. The employees of plaintiff drove a traction engine, wdth tender attached, upon the platform. They found a “drop,” because the top of the flat car was lower than the top of the platform. There is a conflict as to how much of a drop…
2Cases cited6 opinions
- Parkhill v. Town of BrightonSupreme Court of Iowa · 1883
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Templin v. Incorporated City of BooneSupreme Court of Iowa · 1905
- Cook v. Incorporated Town of HedrickSupreme Court of Iowa · 1907
- Kancevich v. Cudahy Packing Co.Supreme Court of Iowa · 1918
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