Quinlan v. Chicago, Rock Island & Pacific Co.
Supreme Court of Iowa
Appeal from Johnson District Court. — ITon. M. J. Wade, Judge. This action was brought by the adminstrator of Lawrence Quinlan, deceased, to recover damages resulting from his death, which was due to injuries received while in the employ of defendant, and alleged to have been caused by the negligence of defendant’s employes in operating a train on which deceased was engaged in the discharge of his duties as brabeman.
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Appeal from Johnson District Court. — ITon. M. J. Wade, Judge. This action was brought by the adminstrator of Lawrence Quinlan, deceased, to recover damages resulting from his death, which was due to injuries received while in the employ of defendant, and alleged to have been caused by the negligence of defendant’s employes in operating a train on which deceased was engaged in the discharge of his duties as brabeman. A verdict was returned for defendant, which was set aside by the court on a motion for a new trial. From this ruling defendant appeals.
1Opinion of the CourtMcClain, J.
1 *922 *90The motion for a new trial was sustained, as appears from the written opinion filed by the judge, on account of the action of the court in sustaining the •objection to certain questions propounded to nlaintifPs witness and objected to as incompetent. This witness was the head brakeman of the train in connection with which Quinlan was employed at the time of the accident, and it appears that at that time witness was controlling the motions of the train by means of signals to the engineer, for the purpose of having some cars kicked off upon a switch, from which cars Quinlan fell, and…
2Cases cited15 opinions
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Augusta & Summerville Railroad v. DorseySupreme Court of Georgia · 1881
- Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
- Gronan v. KukkuckSupreme Court of Iowa · 1882
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3Cited by5 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NicholasIndiana Supreme Court · 1906
- Wimber v. Iowa Central Railway Co.Supreme Court of Iowa · 1901
- Yeager v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Russell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919