Conway v. Ill. Cent. R.
Supreme Court of Iowa
Appeal from Black Haivk District Court. Action for a personal injury. The plaintiff was a brakeman and baggage-master on defendant’s road, and was injured while in the act of attempting to couple a freight ear to a baggage ear.
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Appeal from Black Haivk District Court. Action for a personal injury. The plaintiff was a brakeman and baggage-master on defendant’s road, and was injured while in the act of attempting to couple a freight ear to a baggage ear. It is averred in the petition that “the baggage car was provided with a coupling known as the Miller patent buffer and coupler; that the freight cars were only provided with the common bumpers or draw-heads, and some of said freight cars so provided and used by defendant were not high enough to couple with said Miller patent buffer and coupler with certainty and…
1Opinion of the Court
Bothrock, J. —
i. negligence: pleading. I. It is first urged in argument by counsel for 'appellant that the petition does not state a cause a°tion. Without taking the time and space necessary to a discussion of this objection we deem it sufficient to say that the petition details a series of .negligent acts upon the part of the defendant which, if true, constitute a cause of action. It is averred that some of the freight cars were not high enough to couple with the Miller buffer and coupler without the aid of a crooked link; that defendant, its officers and agents, superior in authority to…
2Cited by5 opinions
- Winey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Gibson v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1899
- Morse v. Incorporated Town of CastanaSupreme Court of Iowa · 1932
- Cincinnati, Hamilton & Dayton Railway Co. v. FryeOhio Supreme Court · 1909