Legal Opinion

Sprague v. Atlee

Supreme Court of Iowa

Decided October 9, 1890PublishedCited by 11 opinions

Appeal from Superior Oourt of Keokuk, Lee County. Hon. Henry Bank, Jr., Judge. Actioít to recover damages on account of a personal injury received by plaintiff while in the service of defendants. There was á trial by jury, and a verdict and judgment for plaintiff. The defendants appeal. The rule in this state is that an opinion does not disqualify if the juror believes he can render an impartial verdict according to the evidence.

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Appeal from Superior Oourt of Keokuk, Lee County. Hon. Henry Bank, Jr., Judge. Actioít to recover damages on account of a personal injury received by plaintiff while in the service of defendants. There was á trial by jury, and a verdict and judgment for plaintiff. The defendants appeal. The rule in this state is that an opinion does not disqualify if the juror believes he can render an impartial verdict according to the evidence. State v. Hinkle, 6 Iowa, 380; State v. Munchrath, 43 N. W. Rep. 213. A boss or foreman, who has no authority over his men except to direct them in their work is but…

1Opinion of the CourtRobiksoN, J.

The defendants are copartners, under the firm-name of S. & J. C. Atlee ; and at the time the injury in question was received they were engaged in operating a sawmill and lumber-yard at Fort Madison, employing in that business over two hundred men and boys. The plaintiff, Don D. Sprague, was thirteen years old on the twenty-second day of March, 1888 ; and, in the month of June of that year, he was employed by defendants to assist one Yan Buskirk in running a saw. He continued in that employment until the eighth day of September, 1888, when he received an injury from the saw, which resulted in…

2Cases cited5 opinions

  1. Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
  2. State v. MunchrathSupreme Court of Iowa · 1889
  3. Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
  4. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  5. Way v. Illinois Central RailroadSupreme Court of Iowa · 1875

3Cited by11 opinions

  1. Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
  2. State v. CrouchSupreme Court of Iowa · 1906
  3. Geiger v. PayneSupreme Court of Iowa · 1896
  4. Bradbury v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
  5. Croft v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906

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