McQueeny v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from, Sao District Ganrt. — HoN. Z. A. Church, Judge. Action to recover damages for personal injuries received by plaintiff while in defendant’s employ from the' caving in of a gravel bank, about which he was engaged,, assisting in the operation of a steam shovel. At the conclusion of plaintiff’s evidence the court, on motion, directed a verdict for defendant, and from judgment on. such verdict the plaintiff appeals.
1Opinion of the CourtMoClaiN, J.
The evidence for plaintiff showed without conflict that plaintiff was employed to work around the steam shovel as a laborer,.and that he had had considerable experience in that situation; that in the operation of the steam shovel it was not an unusual occurrence for the chain to get off the pulley at the end of the boom or movable part of the crane, and that when it did so it was a part of the duty of plaintiff to assist in replacing it, and that at the time of the accident of which plaintiff complains the chain had got off this pulley, and one Curry, who was foreman of the defendant, in…
2Cases cited26 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- New England Railroad v. ConroySupreme Court of the United States · 1899
- Ross v. WalkerSupreme Court of Pennsylvania · 1891
- Fraser v. Red River Lumber Co.Supreme Court of Minnesota · 1891
- Lindvall v. WoodsSupreme Court of Minnesota · 1889
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
- McGuire v. Waterloo & Cedar Falls Union Mill Co.Supreme Court of Iowa · 1907
- Bruns v. Northern Iowa Brick & Tile Co.Supreme Court of Iowa · 1911
- Evans v. ElwoodSupreme Court of Iowa · 1904
- Helgeson v. E. B. Higley Co.Supreme Court of Iowa · 1910
9 more not listed; retrieve them via the Exa API.