O'Keefe v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Iowa
Appeal fom Polk District Qowrt. Action by an administratrix to recover damages for tbe death of her husband, Dennis O’Keefe, alleged to have been hilled by being run over'on the defendant’s road, through the negligence of the defendant’s agents and employees. Defense in denial, and also that the death was caused by the drunkenness and negligence of the plaintiff’s intestate.
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Appeal fom Polk District Qowrt. Action by an administratrix to recover damages for tbe death of her husband, Dennis O’Keefe, alleged to have been hilled by being run over'on the defendant’s road, through the negligence of the defendant’s agents and employees. Defense in denial, and also that the death was caused by the drunkenness and negligence of the plaintiff’s intestate. There was a jury trial, resulting in a verdict and judgment for plaintiff for $1,000. The defendant appeals.
1Opinion of the CourtOole, J.
The evidence shows that the plaintiff’s intestate, Dennis O’Keefe, was in a state of intoxication on the evening of the 14th day of February, 1868, and that he was lying on or very near to the track of the defendant’s road, a short distance east of the bridge across the Des Moines river, in the city of Des Moines; that on or about that day the defendant had just completed its track across the bridge, and an engine, with a pay car attached, *468arrived at the depot on the east side at about seven o’clock in the evening of that day; the chimney to the head-light of the engine was broken, so that…
2Cited by26 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Orr v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1895
- St. Louis & S. F. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1895
- Newport News & M. V. Co. v. HoweCourt of Appeals for the Sixth Circuit · 1892
- Johnson v. StewartSupreme Court of Arkansas · 1896
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