Fish v. Illinois Central Railway Co.

I. The plaintiff is the administratrix of the estate of Howard Fish, deceased, who was a brakeman on defendant’s line of road, and was, in the month of December, 1890, in defendant’s yard at Cherokee, Iowa, while uncoupling cars, run over and killed. This action is for damage to the estate, based on averments of negligence. The particular negligence averred and relied upon is that of permitting cobble-stones to accumulate and remain on ,the track in the yard. The accident occurred in the night, when it was very dark, and while the deceased was engaged as one of a switching crew. Some cars…