Wayt v. B., C. R. & M. R. Co.

I. The plaintiff was a passenger on defendant’s train, and in crossing a bridge between Cedar Rapids and Yinton, which was undergoing repairs, while sitting atan open window in a passenger coach, his arm was broken, either because of some object projecting into the car through the window, or by reason of plaintiff’s permitting his arm to protrude beyond the window and outside the car, and thus coming in contact with some object. The main controversy on the trial was as to the position of plaintiff’s arm when he received the injury; it being conceded that if some object projected into the car…