Magee v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Mahaslca District Court. — Hon. J. K. Johnson, Judge. The plaintiff brings this action as assignee of a claim from T. Gr. Klepper, Jr., for damages sustained by Klepper because of personal injuries received while in the employ of the defendant, alleged to have been caused by the negligence of the defendant, and without fault or negligence on the part of said Klepper.
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Appeal from Mahaslca District Court. — Hon. J. K. Johnson, Judge. The plaintiff brings this action as assignee of a claim from T. Gr. Klepper, Jr., for damages sustained by Klepper because of personal injuries received while in the employ of the defendant, alleged to have been caused by the negligence of the defendant, and without fault or negligence on the part of said Klepper. The defendant answered, denying generally, and the case was tried to a jury, and a verdict and judgment rendered in favor of the plaintiff for ten thousand dollars. The defendant appeals .
1Opinion of the CourtGtiveh, J.
I, The questions presented in the record may be resolved into the inquiry whether the p^SLauS-' 3uiy‘ evidence supports the verdict; or, in other words, whether there is sufficient evidence of negligence on the part of the defendant, and of care on the part of Klepper, to warrant the finding of the jury. There is also some question as to the measure and amount of damage. The following will be a sufficient statement of the facts for a correct understanding of the questions discussed:
On and for two months prior to October 18, 1888, T. Gr. Klepper, Jr., then,aged twenty-two years, was in the…
2Cases cited8 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1885
- Russell v. TillotsonMassachusetts Supreme Judicial Court · 1885
- Hathaway v. Michigan Central R. R.Michigan Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hoffard v. Illinois Central Railway Co.Supreme Court of Iowa · 1907
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Bryce v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1897
- Haden v. Sioux City & Pacific RailroadSupreme Court of Iowa · 1891
- Collins v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1891
7 more not listed; retrieve them via the Exa API.