Herman v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. John T. Stoneman, Judge. This is an action to recover damages for a personal injury which the plaintiff received by jumping from a moving railroad train on defendant’s road at Fairfax station, in Linn county. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, C. J.
On the evening of the twentieth day of August, 1888, the plaintiff purchased a railroad ticket of the agent of the defendant at Cedar Rapids *162for Fairfax station, distant some nine miles. He took passage on a freight train, and rode the whole distance on the rear platform of the last car in the train, it being a caboose or way-car. When passing the station at Fairfax, and while the train was running very slowly, the plaintiff, after the rear end of the caboose had passed the platform, jumped to the ground, and was injured.
In the original petition filed in the case the ground of recovery was…
2Cited by2 opinions
- Galloway v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893
- Young v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896