Legal Opinion

McBride v. Des Moines City Railway Co.

Supreme Court of Iowa

Decided November 13, 1906PublishedCited by 34 opinions

’ Appeal from Polh District Gourt.— Hon. Hugh Brennan, Judge. Action to recover damages resulting to the estate of plaintiff’s intestate by reason of his death, due to injuries received in a collision between a car operated by the defendant company and a hose wagon, belonging to the fire department of the city of Des Moines, on which the deceased, a member of the department, was riding.

Read the full summary

’ Appeal from Polh District Gourt.— Hon. Hugh Brennan, Judge. Action to recover damages resulting to the estate of plaintiff’s intestate by reason of his death, due to injuries received in a collision between a car operated by the defendant company and a hose wagon, belonging to the fire department of the city of Des Moines, on which the deceased, a member of the department, was riding. There was a verdict for plaintiff, and from the judgment rendered thereon defendant appeals.—

1Opinion of the CourtMcClain, C. J.

The facts appearing in the record which are essential to the determination of the questions of law raised on this appeal are as follows: Plaintiff’s intestate was a member of the paid fire department of the city of Des Moines, and in response to a fire alarm, about half past ten in the morning, with eight other members of the department, he started on a hose wagon from the'fire station on Eighth street going north. One Nagle was the driver of the wagon. Plaintiff’s intestate rode in his proper place on a: running board or step on the west side of the wagon, facing east and near the rear end.…

2Cases cited17 opinions

  1. Little v. HackettSupreme Court of the United States · 1886
  2. Wymore v. Mahaska CountySupreme Court of Iowa · 1889
  3. Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
  4. Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
  5. Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876

12 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Bryant v. Pacific Electric Railway Co.California Supreme Court · 1917
  2. Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
  3. Virginia Railway & Power Co. v. GodseySupreme Court of Virginia · 1915
  4. State v. FlackSupreme Court of Iowa · 1960
  5. Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917

29 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API