Way v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from Dubuque District Oourt. The plaintiff, as administrator of tbe estate of W. H. Palmer, alleges that said Palmer, on the 26th day of June, 1871, whilst in the employment of defendant, and without any negligence on his part, was, by the negligence of defendant, caught between a car and the engine, and so injured that he died within a few hours, on account of which plaintiff claims $20,000. The defendant denies all the allegations of the jietitioivand alleges that…
Read the full summary
Appeal from Dubuque District Oourt. The plaintiff, as administrator of tbe estate of W. H. Palmer, alleges that said Palmer, on the 26th day of June, 1871, whilst in the employment of defendant, and without any negligence on his part, was, by the negligence of defendant, caught between a car and the engine, and so injured that he died within a few hours, on account of which plaintiff claims $20,000. The defendant denies all the allegations of the jietitioivand alleges that the injury to said Palmer was caused by his own negligence. There was a jury trial, and a verdict and judgment for…
1Opinion of the CourtDay, J.
At the time of the injury Palmer had been employed in the yard of the defendant, in the City of Dubuque, 1. KEGiiTofetrcE: personal mju-l'*cs. about three weeks, coupling cars and assisting to . ° . ° make up trains. He received the mj ury of which he died, in an attempt to couple a National Line car to the tender of engine number 154. The evidence tended to show that this engine had been in the yard of defendant about ten years, and that National Line cars came into the yard daily, that they and the tender of engine number 154 were constructed with deadwoods, which came very close together…
2Cases cited5 opinions
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Northern Central Railway Co. v. State ex rel. GeisCourt of Appeals of Maryland · 1869
- Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
3Cited by37 opinions
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Illinois Central Railroad v. NowickiIllinois Supreme Court · 1893
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
32 more not listed; retrieve them via the Exa API.