Platt v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. G-eoege W. Wakefield, Judge. Action to recover damages on account of personal injuries alleged to have been “caused by the negligence of the defendant in building and having the roof of its depot dangerously and' negligently low, and allowing and building it so as it projected dangerously and negligently too close to cars passing.”
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Appeal from Lyon District Court. — Hon. G-eoege W. Wakefield, Judge. Action to recover damages on account of personal injuries alleged to have been “caused by the negligence of the defendant in building and having the roof of its depot dangerously and' negligently low, and allowing and building it so as it projected dangerously and negligently too close to cars passing.” At the conclusion of the introduction of testimony by the plaintiff, the defendant moved to dismiss tl\e action, which motion was sustained, and the jury instructed to find for the defendant. The plaintiff’s motion for new…
1Opinion of the CourtGiven, J.
rThe facts shown by the evidence introduced by the plaintiff are as follows: The plaintiff, then aged twenty-three, was, on and for some time prior to October 30, 1889, in the employment of a Mr. Wallace as a drayman at Rock Rapids, and was familiar with the defendant’s depot building and platforms at that station. A ear somewhat higher and wider than ordinary freight cars, loaded with lumber for a Mr. Lyon, was at the station, which car the plaintiff was assisting in unloading. On that day he and Mr. Wallace commenced unloading the car where it stood, but, the place being less convenient for…
2Cases cited5 opinions
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Magee v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Starry v. Dubuque & S. W. R. Co.Supreme Court of Iowa · 1879
- Murphy v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1877
- Griffin v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1886
3Cited by4 opinions
- Fish v. Illinois Central Railway Co.Supreme Court of Iowa · 1896
- Pennsylvania Co. v. FinneyIndiana Supreme Court · 1896
- Harker v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1893
- Gusman v. Caffery Central Refinery & RailroadSupreme Court of Louisiana · 1897