Manuel v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Appanoose Oi/reuit Cotirt. The plaintiff was an employe of the defendant, working on a construction train, and alleged in his petition that while so engaged his co-employes carelessly and negligently “let fall on tbe left foot of plaintiff a heavy iron rail,” whereby he was greatly injured.
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Appeal from Appanoose Oi/reuit Cotirt. The plaintiff was an employe of the defendant, working on a construction train, and alleged in his petition that while so engaged his co-employes carelessly and negligently “let fall on tbe left foot of plaintiff a heavy iron rail,” whereby he was greatly injured. In an amendment to thepetition it is stated: “that the two co-employes who let said iron rail fall carelessly and negligently on the foot of plaintiff were Swedes or some foreign nationality.” There was a denial of the allegations aforesaid, and trial by jury. Yerdict and judgment for…
1Opinion of the CourtServers, J.
1. pkacticb: negligence. The evidence tended to show the plaintiff and other employes of the defendant, at the time the accident -occurred, were engaged in loading certain cars with old iron rails and bridge timbers. It be.came necessary to move some of the timbers after they had been loaded on a car; the plaintiff testified while so engaged two of his co-employes raised with crowbars an iron rail which they carelessly let fall on his foot. The evidence on the part of the defendant tended to show the rail was not raised with crowbars and did not fall on defendant’s foot because of the…
2Cases cited2 opinions
- Muldowney v. Illinois Central R. R.Supreme Court of Iowa · 1871
- Haines v. Illinois Central R.Supreme Court of Iowa · 1875
3Cited by9 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Harrington v. FortmanSupreme Court of Iowa · 1943
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Edwards v. City of Cedar RapidsSupreme Court of Iowa · 1908
- Phelan v. FoutzSupreme Court of Iowa · 1925
4 more not listed; retrieve them via the Exa API.