Smith v. B., C. R. & N. R.
Supreme Court of Iowa
Appeal from Fayette District Oowrt. Action to recover for personal injuries sustained by plaintiff while in the employment of defendant, resulting from the negligence of a co-employe. The court instructed the jury to return a verdict for defendant upon the evidence submitted in the case, which was done, and a judgment was rendered accordingly, from which plaintiff appeals.
1Opinion of the Court
Beck, J".
I. The petition, alleges substantially that plaintiff was employed as a section hand by defendant to work irpon its railroad, and while engaged in loading car timbers at a switch of the railroad, was, without his fault, injured through negligence of a co-employe. These facts alleged in the petition are established without contradiction by the evidence of plaintiff. There is no testimony whatever tending to show the character of plaintiff’s employment and the services which he was required to perform, further than that he was a section hand, and at the time of the accident, engaged in…
2Cases cited5 opinions
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Larson v. ReynoldsSupreme Court of Iowa · 1862
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1875
- Seaton v. HinnemanSupreme Court of Iowa · 1879
3Cited by12 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Linden v. GreenSupreme Court of Iowa · 1890
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Butler v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1893
- Union Pacific Railway Co. v. HarrisSupreme Court of Kansas · 1885
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