McLeod v. Humeston & Shenandoah R'y Co.
Supreme Court of Iowa
Appeal from Page Circuit Cov,rt. Plaintiff brings this action to recover for personal injuries sustained by bim while in the employment of defendant as a fireman of a locomotive running upon defendant’s road.
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Appeal from Page Circuit Cov,rt. Plaintiff brings this action to recover for personal injuries sustained by bim while in the employment of defendant as a fireman of a locomotive running upon defendant’s road. The petition alleges that the injuries were caused by the negligence of defendant in failing to keep its track at the place of the accident in a safe condition, whereby the locomotive upon which plaintiff was employed was thrown from the track, and precipitated down an embankment. There was a verdict for defendant, which was set aside upon motion of plaintiff, based upon the misconduct…
1Opinion of the CourtBeck, J.
I. The engineer in charge of the locomotive was killed by the accident, and a coroner’s inquest was held upon his body. The evidence taken at the inquest, by some means which are unexplained, was taken by the jury when they retired to consider the case, and was read by many, if not all, of the jurors. No fault can be attached to counsel on either side for the evidence coming into possession of the jury. It was in the possession of one of the counsel during the trial, and, it appears, was left by him upon the table where he sat. It was given to the jury with other papers when they retired to…
2Cases cited1 opinion
- Coffin v. GephartSupreme Court of Iowa · 1865
3Cited by10 opinions
- Palestroni v. JacobsNew Jersey Superior Court Appellate Division · 1950
- In Re Estate of SpringerSupreme Court of Iowa · 1961
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
- State v. BakerOregon Supreme Court · 1893
- De Wulf v. DixSupreme Court of Iowa · 1900
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